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Johnson Daboll
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Motion | Filed: May 17, 2024 | Entered: May 17, 2024 Cates v. Zeltiq Aesthetics, Inc.
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | Florida Middle
Withdraw
Unopposed MOTION to Withdraw As Counsel For Defendant Zeltiq Aesthetics, Inc. by Zeltiq Aesthetics, Inc.. (Guthrie, Brian) Motions referred to Magistrate Judge Leslie Hoffman Price.
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Order | Filed: March 11, 2024 | Entered: March 11, 2024 Malgeri et al v. Vitamins Because LLC et al
Other Statutory Actions | Florida Southern
Order on Motion for Attorney Fees
PAPERLESS ORDER denying 401 Motion for Attorney Fees; denying 402 Motion for Attorney Fees.
The motions for fees and non-taxable costs are Denied without prejudice. As the Court has been reviewing and considering the arguments and issues raised in the motion and opposition, the Court has considered the effect of the Eleventh Circuit's dismissal of the original appeals filed in the case following the Court's Order of dismissal. The Eleventh Circuit dismissed the appeal on the grounds that the Order on appeal was not a final Order based upon defective stipulated dismissals involving other parties in the case. Accordingly, the appeal was dismissed and the matter remanded for further proceedings. Now, Plaintiff has moved for entry of judgment in accordance with that mandate and to memorialize the Court's Order and dismissal of all other parties and claims, which Plaintiff argues would enable a timely appeal of the case.
A substantial argument raised in opposition to the pending motion was that the motion was defective and untimely under the Court's Rules. To the extent that argument had merit, the fact is that Plaintiff's agreement for entry of a Rule 58 Judgment to allow the case to reach finality also entitles Defendants to cure the alleged untimely motion through a renewed motion for fees. Such a renewed motion must comply with Local Rule 7.3.
Additionally, after reviewing the issues in the appeal that were briefed, as well as the complex nature of the fee arguments here, the Court may be inclined to stay ultimate resolution of the fees dispute until final disposition of the appeal. The Court will entertain further argument on that question if a timely renewed motion for fees is filed following entry of a Final Judgment in the case.
Accordingly the pending motions for fees are Denied without prejudice. Any renewed motions must comply with this Order, address the issue of a stay, and comply with Local Rule 7.3 in all respects.
Signed by Ch. Magistrate Judge Edwin G. Torres on 3/11/2024. (EGT)
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Motion | Filed: January 19, 2024 | Entered: January 19, 2024 Malgeri et al v. Vitamins Because LLC et al
Other Statutory Actions | Florida Southern
Miscellaneous Relief
Plaintiff's MOTION Pursuant to Fed. R. Civ. P. Rule 58 for Entry of Final Judgment by Shannon Hood, Noah Malgeri, Robert McKeown, Bill Wilson, Kalyn Wolf. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 - October 27, 2023 Dismissal Order)(Eggnatz, Joshua)
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