Eggleston et al v. Quality Restaurant Concepts, LLC et al

REPLY to Response to Motion re MOTION for Attorney Fees and Expenses

S.D. Miss.February 11, 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' REPLY IN SUPPORT OF ITS MOTION FOR ATTORNEYS' FEES AND EXPENSES Plaintiffs concede that Defendants, as the prevailing parties, may be awarded attorneys' fees and expenses. Rather than addressing each of Defendants' arguments, Plaintiffs make a one- paragraph blanket assertion that their claims held merit from the onset of the instant matter. See Plaintiffs' Response, Dkt. No. 91. Yet, such sparse response fails to demonstrate how their claims had merit from the outset. Most importantly, by failing to address Defendants' alternative argument, Plaintiffs seemingly acknowledge that they should have dismissed their claims once it became evident that their claims were frivolous, unreasonable, and groundless. By failing to respond to Defendants' arguments, Plaintiffs have waived their right to do so. See Vogel v. Veneman, 276 F.3d 729, 733 (5th Cir. 2002) (failure to raise argument deemed waived); Cunningham v. Tennessee Cancer Specialist, PLLC, 957 F. Supp. 2d 899, 921 (E.D. Tenn. 2013) ("It is well understood…that when a plaintiff files an opposition to a dispositive motion and addresses only certain arguments raised by defendant, a court may treat those arguments that the plaintiff failed to address as conceded."); Campbell v. J&B Motorsports, LLC, 3:15-CV-00159- Case 3:17-cv-00758-WHB-JCG Document 92 Filed 02/11/19 Page 1 of 3 - 2 - DMB-SAA, 2016 WL 3964406, at *4 (N.D. Miss. July 22, 2016) (Court noted failure to raise issue in response to a motion is deemed waived). Accordingly, this Court should grant Defendants' Motion for Attorneys' Fees and Expenses. This, the 11th day of February, 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 Jennifer G. Hall (MSB No. 100809) jhall@bakerdonelson.com D. Sterling Kidd (MSB No. 103670) skidd@bakerdonelson.com BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC One Eastover Center 100 Vision Center, Suite 400 Jackson, Mississippi 39211-6391 Telephone: (601) 351-2400 Facsimile: (601) 351-2424 Case 3:17-cv-00758-WHB-JCG Document 92 Filed 02/11/19 Page 2 of 3 - 3 - CERTIFICATE OF SERVICE I hereby certify that I electronically filed with the Clerk of the Court using the ECF system the foregoing Reply in Support of Defendants' Motion for Attorneys' Fees, which sent notification to counsel of record. This, the 11th day of February, 2019. /s/ Jennifer G. Hall JENNIFER G. HALL Case 3:17-cv-00758-WHB-JCG Document 92 Filed 02/11/19 Page 3 of 3