CX Reinsurance Co. Limited v. Johnson, No. 19-1516 (4th Cir. 2020)Annotate this Case
District of Maryland Local Rule 109 requires that any motion requesting attorneys’ fees be filed within 14 days of “entry of judgment,” parroting Federal Rule of Civil Procedure 54.
The district court granted the plaintiff’s contested motion for voluntary dismissal of its complaint under Rule 41(a)(2), entering an order of dismissal, with direction to the Clerk “to close this case.” No “separate document” set out the order as a “judgment,” as required by Rule 58(a). The defendant filed a Rule 59(e) post-judgment motion three days later. The court denied that motion. The defendant filed a motion for attorney fees, 18 days after the entry of the dismissal order but 13 days after the court disposed of the Rule 59(e) motion. The court found the motion untimely, rejecting arguments that the Rule 59(e) motion extended the judgment date and that in disregarding the extension, the court rendered its Local Rule in conflict with Rule 54.
The Fourth Circuit vacated. Rule 58(a)’s separate-document requirement was not satisfied, so the “entry of judgment” did not occur on the date that the court entered its dismissal order, which did not trigger the time for filing motions for attorneys fees under either Local Rule 109 or Federal Rule 54. The district court’s interpretation of its Local Rule with respect to a Rule 59(e) motion’s effect on the date of judgment was inconsistent with Rule 54, in violation of Rule 83 (requiring local rules to be “consistent with . . . federal statutes and rules”).