Brewer v. Rogers et al, No. 5:2008cv00023 - Document 123 (E.D. Ky. 2009)

Court Description: MEMORANDUM OPINION & ORDER: dfts' 117 MOTION for Scheduling Order & pla 119 response to dfts' motion, requests the court consider awarding reasonable attys' fees are DENIED. Signed by Judge Jennifer B Coffman on 12/14/2009.(RJD)cc: COR

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON CIVIL ACTION NO. 08-23-JBC ROBERT BREWER, V. PLAINTIFF, MEMORANDUM OPINION AND ORDER ED ROGERS, ET AL., DEFENDANTS. *********** This matter is before the court upon the defendants motion to enter a scheduling order with respect to the re-trial date of February 1, 2010, permit defendants to file additional or supplemental expert reports, and establish a deadline for new motions in limine. R.117. The court will DENY the motion because all such deadlines have passed and the case need only be re-tried, and also because the court has already considered and rejected the proposals advanced by the defendants. The plaintiff, in her response to the defendants motion, requests that the court consider awarding reasonable attorneys fees to the plaintiff s counsel for responding to this and any further motions for reconsideration. R. 119. The court will DENY this motion. Because the plaintiff has not alleged bad faith or unreasonable or vexatious conduct by the defendants, the court sees no reason at this juncture to award attorneys fees. See 28 USCA ยง 1927. Accordingly, IT IS ORDERED that both motions (R. 117, 119) are DENIED. Signed on December 14, 2009

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