Free Motion for Attorney Fees - District Court of Connecticut - Connecticut

Case 3:01-cv-02361-MRK

Document 287

Filed 07/03/2008

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JANICE C. AMARA, GISELA R. BRODERICK, ANNETTE S. GLANZ, individually and on behalf of all others similarly situated, : : : : : Plaintiffs, : : : : : : : Defendants. : :

vs. CIGNA Corp. and CIGNA Pension Plan,

Civil. No. 3:01-CV-2361 (MRK) July 3, 2008

PLAINTIFFS' MOTION TO DEFER CONSIDERATION OF CLAIM FOR ATTORNEYS' FEES PENDING APPEAL Plaintiffs move to defer consideration of their claim for attorneys' fees until after the appeals in the case are resolved. In support of this request, Plaintiffs state that good cause exists as follows: 1. F.R.C.P. 54 and 58 permit the district court to defer the issue of attorneys'

fees until appeals are complete. Deferral is appropriate where there are substantial issues for appeal, as this Court has already found in issuing a stay sua sponte, and where the outcome of the parties' appeals may affect Plaintiffs' request for fees. 2. Deferring consideration of fees at this stage is especially appropriate given

F.R.C.P. 23(h)(1)'s requirement that notice of the fee motion be directed to the class before any decision is reached. It is impractical to provide notice to the class at this time when the relief has been stayed and the remedies may be modified on appeal.

Case 3:01-cv-02361-MRK

Document 287

Filed 07/03/2008

Page 2 of 3

WHEREFORE, Plaintiffs request that the Court grant this motion and defer consideration of their claim for fees pending appeal. Dated: July 3, 2008 Respectfully submitted, s/ Stephen R. Bruce Stephen R. Bruce Ct23534 Allison C. Pienta phv01316 805 15 th St., NW, Suite 210 Washington, DC 20005 (202) 371-8013 s/ Thomas G. Moukawsher Thomas G. Moukawsher Ct08940 Moukawsher & Walsh, LLC 21 Oak St. Hartford, CT 06106 (860) 278-7000 Attorneys for Plaintiff Class

2

Case 3:01-cv-02361-MRK

Document 287

Filed 07/03/2008

Page 3 of 3

CERTIFICATE OF SERVICE I certify that copies of the foregoing (1) Plaintiffs' Motion to Defer Consideration of Claim for Attorneys' Fees Pending Appeal, (2) the Memorandum in Support, (3) the Proposed Order, and (4) this Certificate of Service were filed electronically through the CM/ECF system on July 3, 2008. Notice of this filing will be sent by e-mail to all counsel listed below by operation of that system: Joseph J. Costello Jeremy P. Blumenfeld Jamie M. Kohen Morgan, Lewis & Bockius 1701 Market St. Philadelphia, PA 19103-2921 Christopher A. Parlo Morgan Lewis & Bockius 101 Park Avenue New York, NY 10178-0600 James A. Wade Brett J. Boskiewicz Robinson & Cole, LLP 280 Trumbull Street Hartford, CT 06103-3597 s/ Stephen R. Bruce Stephen R. Bruce