Hoxeng v. Topeka Broadcomm Inc.
Hoxeng v. Topeka Broadcomm Inc.
Opinion of the Court
MEMORANDUM AND ORDER
Before the court is a Motion for Order Pursuant to K.S A. Sec. 7-109 (doc. 360) filed by Woner & Glenn, P.A. The movant law firm has represented plaintiff David Hoxeng in this action. It seeks an order to resolve a fee dispute between it and plaintiff.
The court declines to entertain and thus overrules the motion for lack of jurisdiction. Federal courts may have ancillary jurisdiction to resolve disputes involving attorneys’ fees with respect to work done in an underlying federal action. See McGill v. City of Ottawa, 773 F.Supp. 1473, 1474 (D.Kan. 1991). They do not retain jurisdiction, however, to resolve a fee dispute “when jurisdiction over the principal claim has terminated.” See Auxier v. Abitibi-Price Corp., 857 F.Supp. 59, 61 (D.Kan. 1994). A federal court may properly exercise ancillary jurisdiction over a fee dispute only when it has retained jurisdiction over the principal claim or when it resolves the dispute as part of supervising and directing the distribution of a fund that has been deposited with the court. Id.
In this instance the court has no continuing jurisdiction over the principal claim in this case. That claim has been fully resolved. Plaintiff has filed a Satisfaction of Judgment (doc. 354). It states that “payment in settlement of the judgment has been made, and the judgement [sic] is satisfied.” It contains no provision that satisfaction of
The motion cites no authority, furthermore, for the proposal that the court may order the proceeds of settlement to be paid to the Clerk. The court otherwise knows of no such authority. It may not, like a phoenix, arise and create its own jurisdiction over a new dispute between plaintiff and his attorneys.
For the foregoing reasons, the court declines jurisdiction and thus overrules the Motion for Order Pursuant to K.S.A. See. 7-109 (doc. 360).
IT IS SO ORDERED.
Reference
- Full Case Name
- David E. HOXENG, d/b/a ADX Communications v. TOPEKA BROADCOMM INC.
- Cited By
- 5 cases
- Status
- Published