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Garrido v. Dudek
RESPONSE to Motion re MOTION to Strike 217 Response to Objection to Report and Recommendations Additional Fee Claim
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Cited Authorities
Cited Authorities
13
13
Cited authorities
Commissioner, INS v. Jean
496 U.S. 154 (1990)
Cited 2,607 times
2 Legal Analyses
Holding that this inquiry applies to attorney's fees under the EAJA
Maher v. Gagne
448 U.S. 122 (1980)
Cited 959 times
Holding that the Eleventh Amendment did not bar a federal court from awarding attorney's fees against a state.
Augustus v. Board of Public Instruction
306 F.2d 862 (5th Cir. 1962)
Cited 672 times
Holding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."
Johnson v. University College of Alabama
706 F.2d 1205 (11th Cir. 1983)
Cited 294 times
Holding that in calculating attorney's fees, district courts should take into account inflation and interest
Gagne v. Maher
594 F.2d 336 (2d Cir. 1979)
Cited 286 times
Holding that trial court's denial of attorney fees for time spent in obtaining them would "dilute" the value of a fees award by forcing attorneys into extensive uncompensated litigation in order to gain any fees under Section 1988
Ysais v. New Mexico Judicial Standard Com'n
616 F. Supp. 2d 1176 (D.N.M. 2009)
Cited 87 times
Holding parties may not use a motion to strike to attack motions, briefs, and memoranda
Martin v. University of South Alabama
911 F.2d 604 (11th Cir. 1990)
Cited 79 times
Following Justice O'Connor's test
Friedlander v. Troutman, Sanders, Lockerman
788 F.2d 1500 (11th Cir. 1986)
Cited 51 times
Adopting a uniform limitations period for all sections 10(b) and Rule 10b-5 claims
Smith v. Southeastern Stages, Inc.
479 F. Supp. 593 (N.D. Ga. 1977)
Cited 31 times
Observing that "affidavits submitted in support of a motion are clearly not within [the pleading] category"
Friedlander v. Troutman, Sanders, Lockerman
595 F. Supp. 1442 (N.D. Ga. 1984)
Cited 18 times
Applying O.C.G.A. § 9-3-31
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12
Cited 354,229 times
943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7
Cited 7,742 times
2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
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