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Order Awarding Plaintiff Cross River Bank reasonable attorney's fees — No. 8:21-cv-03210 (Dkt. 69, D. Md.)

Summary

An order in Cross River Bank v. 3 Bea's Assisted Living LLC, et al., Case No. 8:21-cv-03210-TJS, in the U.S. District Court for the District of Maryland, filed December 5, 2023 as Document 69. With no opposition filed to the bank's fee petition (ECF No. 64) or bill of costs (ECF No. 65), the order awards Cross River Bank attorney's fees of $317,155.75 and taxable costs of $1,427.80. The fee award splits into $297,636 for Starr, Gern, Davison & Rubin, P.C. and $19,519.75 for Bean, Kinney & Korman, P.C. The court states it keeps jurisdiction over fees and costs although the defendants filed a notice of appeal on December 4, 2023. The award runs against 3 Bea's Assisted Living LLC and Connie Stewart jointly and severally, adds to the judgment at ECF No. 63, and grants the motion to seal at ECF No. 66; it is signed /s/ by Chief United States Magistrate Judge Timothy J. Sullivan.

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Cite this document

“Order Awarding Plaintiff Cross River Bank reasonable attorney's fees — No. 8:21-cv-03210 (Dkt. 69, D. Md.).” Original at ecf.mdd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-awarding-plaintiff-cross-river-bank-reasonable-attorney-s-fees-n-582d0192c2/, SHA-256 41cdbfdfe18c55001f4871d155d7ef4cc4c398ace4c9bdbd95f24478566da6bd.

Full text

        Case 8:21-cv-03210-TJS              Document 69     Filed 12/05/23      Page 1 of 2



                            IN THE UNITED STATES DISTRICT COURT
                               FOR THE DISTRICT OF MARYLAND


 CROSS RIVER BANK,                                  *

           Plaintiff,                               *

                                                    *          Case No. TJS-21-3210
 v.
                                                    *
 3 BEA’S ASSISTED LIVING LLC, et al.,
                                                    *
           Defendants.
                                 *      *       *       *      *      *

                                               ORDER

       For the reasons stated in Plaintiff Cross River Bank’s Memorandum in Support of

Plaintiff’s Petition for Counsel Fees (ECF No. 64) and its Bill of Costs (ECF No. 65), and with no

response in opposition having been filed to either request, the Court orders as follows:1

       1.         Plaintiff Cross River Bank is awarded its reasonable attorney’s fees in the total

amount of $317,155.75 (of these fees, $297,636 are from Starr, Gern, Davison & Rubin, P.C. and

$19,519.75 from Bean, Kinney & Korman, P.C.).

       2.         Plaintiff Cross River Bank is awarded its taxable costs in the amount of $1,427.80.




       1
          Defendants filed their Notice of Appeal on December 4, 2023. ECF No. 67. While the
filing of a notice of appeal typically “confers jurisdiction on the court of appeals and divests the
district court of its control over those aspects of the case involved in the appeal,” Griggs v.
Provident Cons. Disc. Co., 459 U.S. 56, 58 (1982), “[t]he award of costs and attorney’s fees have
generally been recognized as collateral issues appropriate for resolution by the trial court when an
appeal” is underway. Carrera v. E.M.D. Sales, Inc., No. JKB-17-3066, 2021 WL 6077120, at *1
(D. Md. Dec. 23, 2021) (quoting Cannon v. Vill. of Bald Head Island, N.C., Civ. No. 7:15-CV-
0187, 2021 WL 3177410, at *1 (E.D.N.C. July 27, 2021) (citing Buchanan v. Stanships, Inc., 483
U.S. 265, 268 (1988) and Langham-Hill Petroleum, Inc. v. S. Fuels Co., 813 F.2d 1327, 1331 (4th
Cir. 1987)). The Court therefore has jurisdiction to award attorney’s fees and costs even after
Defendants have appealed the underlying judgment.
       Case 8:21-cv-03210-TJS          Document 69        Filed 12/05/23      Page 2 of 2



       3.      The attorney’s fees and costs awarded in this Order are entered in favor of Plaintiff

Cross River Bank and against Defendant 3 Bea’s Assisted Living LLC, also known as Three Bea’s

Assisted Living, and Defendant Connie Stewart, with joint and several liability.

       4.      The attorney’s fees and costs awarded in this Order are in addition to the previously

entered judgment (ECF No. 63) against Defendants.

       5.      The motion to seal filed at ECF No. 66 is GRANTED.


Date: December 5, 2023                                              /s/
                                                             Timothy J. Sullivan
                                                             Chief United States Magistrate Judge




                                                 2

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