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Campbell v. Gause

United States District Court, Eastern District of Michigan, Southern Division

February 12, 2015

ARTHUR CAMPBELL, Plaintiff,
v.
CYNTHIA GAUSE, et. al ., Defendants.

ORDER DENYING AS MOOT PLAINTIFF'S SEPTEMBER 2, 2014 MOTION FOR STAY; GRANTING PLAINTIFF'S JANUARY 15, 2015 MOTION FOR RELIEF FROM ORDER GRANTING DEFENDANTS’ MOTION FOR COSTS AND ATTORNEY FEES; AND VACATING THE AUGUST 21, 2014 ORDER AWARDING COSTS AND FEES

JOHN CORBETT O'MEARA UNITED STATES DISTRICT JUDGE

This matter came before the court on plaintiff Arthur Campbell's September 2, 2014 motion for stay regarding the court's August 21, 2014 order granting in part Defendants' motion for costs and attorney fees and his January 15, 2015 motion for relief from judgment granting costs and attorney fees. No responses were filed, and no oral argument was heard.

Plaintiff's September 2, 2014 motion sought a stay in the court's order awarding costs and attorney fees to the defendants until after a ruling on appeal by the United States Court of Appeals for the Sixth Circuit. That motion was rendered moot following the December 18, 2014 opinion from the appellate court and its January 12, 2015 mandate.

Plaintiff's subsequent motion seeks relief from the order awarding costs and attorney fees. The order of the Court of Appeals affirmed in part this court's judgment, vacated in part the judgment, and remanded the case for further proceedings. Accordingly, the court will grant Plaintiff's motion and vacate the court's August 21, 2014 order granting in part Defendants' motion for costs and attorney fees.

ORDER

It is hereby ORDERED that plaintiff Arthur Campbell's September 2, 2014 motion for stay is DENIED AS MOOT.

It is further ORDERED that plaintiff Arthur Campbell's January 15, 2015 motion for relief from order granting in part Defendants' motion for costs and attorney fees is GRANTED.

It is further ORDERED that the court's August 21, 2014 order granting in part Defendants' motion for costs and attorney fees is VACATED.


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