Teece v. Kuwait Finance House (Bahrain) B.S.C.

MEMORANDUM

David John Teece appeals the district court’s order partially granting attorney’s fees in his voluntarily dismissed diversity action against Kuwait Finance House (Bahrain) B.S.C. and three of its foreign officers (collectively “Kuwait Finance”). Kuwait Finance cross appeals, contending that the district court erred in reducing the fee award by 50 percent. We have jurisdiction over the appeals under 28 U.S.C. § 1291 , and we affirm the district court’s fee award.

1. The district court had jurisdiction over Kuwait Finance’s motion for attorney’s fees. After Teece’s voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1), the district court retained jurisdiction over all collateral matters. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 394-95 , 110 S.Ct. 2447 , 110 L.Ed.2d 359 (1990). An award of attorney’s fees is a collateral matter. Id. at 396 , 110 S.Ct. 2447 . The rule is well settled. See, e.g., White v. N.H. Dep’t of Emp’t Sec., 455 U.S. 445, 451 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982); Budinich v. Beeton Dickinson & Co., 486 U.S. 196, 200 , 108 S.Ct. 1717 , 100 L.Ed.2d 178 (1988); Int’l Ass’n of Bridge, Structural, Ornamental, &…