Lovada Workman v. Dearborn National Life Insurance Company

O 1

2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 LOVADA WORKMAN, Case No. 2:17-cv-04515-ODW (SSx) 12 Plaintiff, 13 v. ORDER DENYING DEFENDANT’S

MOTION FOR ATTORNEY FEES

14 DEARBORN NATIONAL LIFE AND NON-TAXABLE COSTS 15 INSURANCE COMPANY, WITHOUT PREJUDICE [59] 16 Defendants. 17 18 Following the Court’s entry of judgment (ECF No. 58), Defendant moved to 19 recover their attorneys’ fees. (See Def.’s Mot. for Att’y Fees, ECF No. 59.) 20 Subsequently, Plaintiff filed a notice of appeal to the Ninth Circuit (ECF No. 61).1 21 When an appeal on the merits is filed, a district court has discretion to rule on a 22 claim for fees, defer its ruling on the motion, or deny the motion without prejudice 23 and direct a new filing period for filing after the claim has been resolved. Fed. R. Civ. 24 P. 54(d)(2), Advisory Committee Notes (1993 Amendment); Dufour v. Allen, 25 No. 2:14-cv-5616 CA (SSx), 2015 WL 12819170, at *2 (C.D. Cal. Jan. 26, 2015) 26 (“[A] district court has the discretion to defer …