§Why CasetextPricing

Garrido v. Dudek

RESPONSE to Motion re MOTION to Strike 217 Response to Objection to Report and Recommendations Additional Fee Claim

13 Cited authorities

  1. Commissioner, INS v. Jean

    496 U.S. 154 (1990)   Cited 2,587 times   2 Legal Analyses
    Holding that this inquiry applies to attorney's fees under the EAJA

  2. Maher v. Gagne

    448 U.S. 122 (1980)   Cited 957 times
    Holding that the Eleventh Amendment did not bar a federal court from awarding attorney's fees against a state.

  3. Augustus v. Board of Public Instruction

    306 F.2d 862 (5th Cir. 1962)   Cited 670 times
    Holding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."

  4. Johnson v. University College of Alabama

    706 F.2d 1205 (11th Cir. 1983)   Cited 290 times
    Holding that in calculating attorney's fees, district courts should take into account inflation and interest

  5. Gagne v. Maher

    594 F.2d 336 (2d Cir. 1979)   Cited 285 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

  6. 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

  7. Martin v. University of South Alabama

    911 F.2d 604 (11th Cir. 1990)   Cited 78 times
    Following Justice O'Connor's test

  8. 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

  9. 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"

  10. Friedlander v. Troutman, Sanders, Lockerman

    595 F. Supp. 1442 (N.D. Ga. 1984)   Cited 18 times
    Applying O.C.G.A. § 9-3-31

  11. 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 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,674 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure