Drum Lodge, LLC v. Martel Construction, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 DRUM LODGE, LLC, No. 2:24-cv-00219 WBS JDP Plaintiff, v. ORDER RE: MOTION FOR AWARD OF
ATTORNEYS’ FEES
MARTEL CONSTRUCTION, INC., Defendant. 17 ----oo0oo---- On April 4, 2024, the court dismissed with prejudice plaintiff Drum Lodge, LLC’s petition to vacate an arbitration award in defendant Martel Construction, Inc.’s favor. (Order (Docket No. 20).) This closed the case. Drum Lodge then filed a notice of appeal, which appeal is currently pending. (Docket Nos. 23, 24.) Now, Martel moves for its attorneys’ fees incurred to successfully defend against Drum Lodge’s failed petition to vacate. (Mot. (Docket No. 27-1).) Courts have discretion to defer ruling on a motion for attorney’s fees or to deny the motion without prejudice while an appeal is pending. Fed R. Civ. P. 54(d)(2) advisory committee’s note to 1993 amendment (“If…