Civil No. 03-1797 (DRD).
March 1, 2006
Pending before the Court is co-defendant Ideal Automotive and Truck Accessories, Inc.'s Co-defendant Ideal's Verified Motion to Tax Costs, Expenses, and Attorney's Fees Against Plaintiffs. (Docket No. 82). Through said motion, Ideal moves the Court to tax attorney's fees, costs and expenses in the amount of $40, 754.99 provided that the Court entered an order dismissing plaintiffs' claims against it.
Local Rule 54(a) clearly states that an application for attorneys' fees "shall be filed within forty-five (45) days of entry of judgment." ( emphasis ours). As for costs, Local Rule 54(b) further provides that bills of costs shall be prepared and filed "within thirty (30) days of entry of judgment." ( emphasis ours). Understanding that the instant case is still pending before the Court regarding other defendants, the Court finds Ideal's request (Docket No. 82) as unripe, thus, MOOT. Accordingly, Ideal's request for attorneys' fees is DENIED WITHOUT PREJUDICE subject to being filed once final judgment has been entered. Plaintiffs' motion to strike Ideal's request (Docket No. 83) is also MOOT pursuant to that ordered herein.
IT IS SO ORDERED.