Recommendation would postpone decision on nearly $277,000 in fee requests
NEW ORLEANS — A federal magistrate judge has recommended postponing decisions on attorney-fee requests filed by the City of Mandeville and Councilman-at-Large Jason Zuckerman until the Sucette Harbor appeal is resolved.
In a report issued Monday, U.S. Magistrate Judge Janis van Meerveld recommended that the fee motions be denied without prejudice and allowed to be refiled within 14 days after the U.S. Court of Appeals for the Fifth Circuit issues its final ruling in the case.
Download magistrate’s report here…
The City of Mandeville is seeking $231,844.38 in attorney fees, while Zuckerman is seeking $42,926.18 in fees and $2,321.87 in costs following the dismissal of the federal lawsuit challenging the proposed Sucette Harbor development.
Van Meerveld said judicial economy favors delaying consideration of the requests while the appeal is pending. She noted that if the Fifth Circuit reverses the dismissal, any analysis of whether the plaintiffs’ claims were frivolous and whether fees should be awarded could prove unnecessary.
The recommendation does not address whether the city or Zuckerman are entitled to attorney fees. Instead, it postpones consideration of the issue until after the appellate court resolves the case.
The recommendation will now be reviewed by U.S. District Judge Brandon S. Long, who will decide whether to adopt, modify or reject it.
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