Byndom v. Waffle House, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

KENNETH BYNDOM,

Plaintiff,

v. Case No: 6:23-cv-1971-JA-LHP

WAFFLE HOUSE, INC. and EAST COAST WAFFLES, INC.,

Defendants

ORDER Before the Court is Defendants’ Motion for Entitlement for Attorneys’ Fees and Costs and Memorandum of Law. Doc. No. 57. Plaintiff responds requesting a stay of the issue pending the outcome of his appeal. Doc. No. 59. Defendants have filed an authorized reply. Doc. No. 63. As the docket reflects, this case is currently on appeal to the United States Court of Appeals for the Eleventh Circuit. See Doc. Nos. 58, 60. Because determination of the appeal may affect consideration of the issue of attorneys’ fees, the undersigned finds it appropriate to await the outcome of the appeal before resolving Defendants’ motion. See Morrison v. Amway Corp., No. 6:01-cv-0749-Orl- 22JGG, 2003 WL 25570793, at *1 (M.D. Fla. Nov. 10, 2003) (“[T]he Court has discretion to deny a motion for attorney’s fees without prejudice to refile after the appeal has concluded.”); see also, e.g., E-Z Dock, Inc. v. Snap Dock, LLC, No. 2:21-cv- 450-SPC-NPM, 2022 WL 19914347, at *2 (M.D. Fla. Oct. 24, 2022) (exercising discretion to defer resolution of attorney’s fees until after resolution of appeal); Action Nissan, Inc. v. Hyundai Motor Am. & Genesis Motor Am., No. 6:18-cv-380- WWB-EJK, 2022 WL 17409415, at *1 (M.D. Fla. Feb. 7, 2022) (same); Yellowpages Photos, Inc. v. YP, LLC, No. 8:17-cv-764-T-36JSS, 2020 WL 6729719, at *2 (M.D. Fla. Oct. 29, 2020), report and recommendation adopted, 2020 WL 6728846 (M.D. Fla. Nov. 16, 2020) (same); Truesdell v. Thomas, No. 5:13-cv-552-Oc-10PRL, 2016 WL 7049252, at *3 (M.D. Fla. Dec. 5, 2016) (same). Accordingly, Defendant’s motion (Doc. No. 57) is DENIED without prejudice to filing a renewed motion in accordance with all applicable Local Rules and legal authority, if appropriate, within twenty-one (21) days after issuance of the mandate by the Eleventh Circuit. DONE and ORDERED in Orlando, Florida on May 21, 2025.

LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties