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Cavanagh v. Northern New England Benefit Trust

United States District Court, First Circuit

June 26, 2013

Robert
v.
Cavanagh and Rhoda M. Cavanagh
v.
Northern New England Benefit Trust.

ORDER

LANDYA McCAFFERTY, Magistrate Judge.

In an order dated May 23, 2013, the court granted summary judgment to defendant on all of plaintiffs' claims against it, but reserved decision on defendant's request for attorney's fees and costs, as that issue was not properly before the court. To bring that issue before the court, defendant was given twenty days to "either file a motion for attorney's fees or notify the court that it [did] not intend to do so." Order (doc. no. 22) 8. That deadline has come and gone, and defendant has neither moved for attorney's fees nor indicated that it does not intend to do so. Accordingly, defendant's request for attorney's fees is denied.

To summarize, defendant is entitled to judgment as a matter of law on all of plaintiffs' claims, as the court has already ruled, but defendant is not entitled its costs and attorney's fees. The clerk of the court shall enter judgment in ...


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