Gardner v. Albers et al, No. 3:2014cv00383 - Document 14 (W.D. Ky. 2014)
Court Description: MEMORANDUM OPINION AND ORDER granting 6 Motion for Partial Dismissal. Signed by Senior Judge Charles R. Simpson, III on 7/14/14. cc: Counsel(JBM)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE MICHAEL GARDNER PLAINTIFF v. CIVIL ACTION NO. 3:14-CV-00383-CRS GREGORY ALBERS, ET AL. DEFENDANTS MEMORANDUM OPINION AND ORDER This matter if before the Court on a partial motion to dismiss (DN 6) filed by Defendants Gregory Albers and Albers Realty Group, Inc. (collectively Defendants ) against Plaintiff Michael Gardner ( Plaintiff ). For the reasons set forth below, the Court will grant the partial motion to dismiss. DISCUSSION Defendants have moved to partially dismiss Plaintiff s Complaint to the extent it requests damages in the form of attorney fees. Because Kentucky has long followed the American Rule, that in the absence of a statute or contract expressly providing therefor, attorney fees are not allowable as costs, nor recoverable as an item of damages, Cummings v. Covey, 229 S.W.3d 59, 61 (Ky. Ct. App. 2007) (citing Dulworth & Burress Tobacco Warehouse Co. v. Burress, 369 S.W.2d 129 (Ky. 1963)), the Court will grant the partial motion to dismiss. Accordingly, it is HEREBY ORDERED that the partial motion to dismiss (DN 6) filed by Defendants is GRANTED. IT IS SO ORDERED. C al R Smpo I , ei J d e h r s . i sn I Sno u g e I r U i dSae Ds i C ut nt tt ir t o r e s tc July 14, 2014
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