United States v. Pathway of Baldwin County, LLC ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES OF AMERICA, ) ex rel RICHARD J. SHEPPARD, ) ) Plaintiff, ) ) vs. ) CIVIL ACTION NO. 17-00355-KD-N ) PATHWAY OF BALDWIN COUNTY, ) LLC and PATHWAY, INC., ) ) Defendants. ) ORDER This action is before the Court on Defendants Pathway of Baldwin County LLC and Pathway, Inc.’s motion for time to respond to Plaintiff Richard J. Sheppard’s motion for attorney’s fees [and non-taxable expenses] and motion for Rule 58(e) order (doc. 167). Defendants move the Court to allow until November 15, 2024, for their response to Sheppard’s motion. Defendants also move the Court to enter an order, pursuant to Fed. R. Civ. P. 58(e), that Sheppard’s “motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59” and toll the time to appeal until the entry of an order disposing of Sheppard’s motion. Upon consideration, Defendants’ motion for time to respond to Sheppard’s motion is GRANTED. Defendants shall file their response on or before November 15, 2024. Sheppard shall file his reply on or before December 2, 2024. Defendants’ motion for an order pursuant to Rule 58(e) is GRANTED. No notice of appeal has been filed. Accordingly, the Court orders that Sheppard’s motion for attorney’s fees, made pursuant to Fed. R. Civ. P. 54(d)(2), has the “same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.” See Sunteck Transp. Co., LLC v. Grand Slam Transp. Servs., Inc., No. 22-11843-GG, 2022 WL 17330921, at *1 (11th Cir. Aug. 24, 2022) (“For a motion for attorney's fees under Rule 54 to be a tolling motion, the district court must enter an order—before any notice of appeal has become effective—declaring that the Rule 54 motion is a tolling motion. See Fed. R. Civ. P. 58(e) & advisory committee note (1993).”). DONE and ORDERED this the 9th day of October 2024. s/Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE