Eggleston et al v. Quality Restaurant Concepts, LLC et alMOTION for Attorney Fees and ExpensesS.D. Miss.January 18, 2019 4829-0882-3429v1 1033978-000424 01/18/2019 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION JOSH EGGLESTON, DEMETRIC MONTGOMERY, ETHEL JACKSON, AND SADIE MCGREW PLAINTIFFS VERSUS CIVIL ACTION NO. 3:17-CV-758-WHB-JCG QUALITY RESTAURANTS CONCEPTS LLC; APPLEBEE'S FRANCHISOR, LLC; APPLEBEE'S RESTAURANTS, LLC; APPLEBEE'S SERVICES, INC.; AND APPLEBEE'S RESTAURANTS WEST, LLC DEFENDANTS DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND EXPENSES Defendants, Quality Restaurant Concepts, LLC ("QRC"), Applebee’s Restaurants, LLC, Applebee’s Franchisor, LLC, Applebee’s Services, Inc., and Applebee’s Restaurants West, LLC (the "Applebee's Defendants") (collectively "Defendants"), pursuant to 42 U.S.C. § 1988, the Mississippi Litigation Accountability Act, Rule 54(d)(2), and this Court's inherent power, moves the Court for the taxation of its attorneys' fees and expenses incurred in the defense of this action against the Plaintiffs Josh Eggleston, Demetric Montgomery, Ethel Jackson, and Sadie McGrew (collectively "Plaintiffs"). In support of its Motion, Defendants state the following: 1. Defendants are entitled to all fees and expenses incurred in the defense of this action because Plaintiffs' claims were meritless and without foundation from the outset. In the alternative, Defendants maintain that, in the Court's discretion, it is entitled to a reasonable portion of its fees and expenses because Plaintiffs continued to litigate after this matter clearly became frivolous, unreasonable, and/or groundless. 2. In further support of this Motion, Defendants rely upon the Memorandum in Support filed as a separate document entry and the following Exhibits: Case 3:17-cv-00758-WHB-JCG Document 89 Filed 01/18/19 Page 1 of 3 - 2 - 4829-0882-3429v1 1033978-000424 01/18/2019 Exhibit "A" Affidavit of Jennifer G. Hall, Esq. Exhibit "B" Affidavit of J. William Manuel, Esq. WHEREFORE PREMISES CONSIDERED, Defendants, Quality Restaurant Concepts, LLC, Applebee’s Restaurants, LLC, Applebee’s Franchisor, LLC, Applebee’s Services, Inc., and Applebee’s Restaurants West, LLC, respectfully request that this Court award all fees and expenses incurred since Plaintiffs' Complaint was filed in this matter. In the alternative, Defendants request that this Court, in its discretion, award Defendants a reasonable portion of its fees and expenses incurred based on Plaintiffs' continued prosecution of a frivolous, unreasonable, and/or groundless action. Defendants request any additional relief deem warranted by the circumstances. This, the 18th day of January, 2019. Respectfully submitted, QUALITY RESTAURANT CONCEPTS LLC, APPLEBEE'S RESTAURANTS, LLC, APPLEBEE'S FRANCHISOR, LLC, APPLEBEE'S SERVICES, INC., AND APPLEBEE'S RESTAURANTS WEST LLC By its Attorneys, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC By: /s/ Jennifer G. Hall JENNIFER G. HALL Case 3:17-cv-00758-WHB-JCG Document 89 Filed 01/18/19 Page 2 of 3 - 3 - 4829-0882-3429v1 1033978-000424 01/18/2019 OF COUNSEL: Jennifer G. Hall (MSB No. 100809) jhall@bakerdonelson.com D. Sterling Kidd (MSB No. 103670) skidd@bakerdonelson.com BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC Mailing: Post Office Box 14167 Jackson, Mississippi 39236-4167 Physical: One Eastover Center 100 Vision Center, Suite 400 Jackson, Mississippi 39211-6391 Telephone: (601) 351-2400 Facsimile: (601) 351-2424 CERTIFICATE OF SERVICE I hereby certify that I electronically filed with the Clerk of the Court using the ECF system the foregoing Motion for Attorneys' Fees and Expenses, which sent notification to counsel of record. This, the 18th day of January, 2019. /s/ Jennifer G. Hall JENNIFER G. HALL Case 3:17-cv-00758-WHB-JCG Document 89 Filed 01/18/19 Page 3 of 3
