Evans v. Evans

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION

GAYLE J. EVANS, JR. PLAINTIFF

v. CAUSE NO.: 5:22-CV-00037-DCB-BWR

CHANCE J. EVANS DEFENDANT

ORDER Before the Court are three motions for attorney fees filed by Chance J. Evans (“Defendant”): Motion for Attorneys’ Fees [ECF No. 110] (“Initial Fee Motion”); Supplemental Motion for Attorneys’ Fees [ECF No. 111] (“First Supplement”); and Second Supplemental Motion for Attorneys’ Fees [ECF No. 122] (“Second Supplement”). In the Initial Fee Motion and First Supplement, Defendant requests his attorneys’ fees from 7/20/2023 until 1/29/2024. See invoice for legal fees and expenses from Mcgehee, Mcgehee & Torrey, [ECF No. 110] at 6-16. Defendant’s Second Supplement amends his Initial Fee Motion and Second Supplement to include, among other things, a revised request for additional legal fees related to the period of 2/26/2024 through 1/22/2025. [ECF No. 122-1]. Defendant's Second Supplement therefore supersedes and renders moot the Initial Fee Motion and First Supplement. Sportstar Athletics, Inc. v. Wilson Sporting Goods Co., No. CV H-15-1438, 2018 WL 1970754, at *1 (S.D. Tex. Feb. 27, 2018), report and recommendation adopted, No. 4:15- CV-1438, 2018 WL 2948026 (S.D. Tex. June 13, 2018).

Accordingly, IT IS ORDERED that Defendant’s Motion for Attorneys’ Fees [ECF No. 110] and Supplemental Motion for Attorneys’ Fees [ECF No. 111] are DISMISSED AS MOOT; and IT IS FURTHER ORDERED that Defendant’s Second Supplemental Motion for Attorneys’ Fees [ECF No. 122] shall be set for an in- person hearing at 9:00 AM on April 29, 2025, at the United States District Courthouse in Natchez, Mississippi. ALL PARTIES AND THEIR COUNSEL MUST BE PHYSICALLY PRESENT AT THE HEARING.

Failure to appear can result in sanctions. At the hearing, Defendant’s counsel must be prepared to present documentary evidence, invoices, and calculations that will permit the Court to perform a proper lodestar review of Plaintiff’s fee request.

The Court will hear objections from Plaintiff’s counsel.

SO ORDERED, this the 18th day of March 2025.

/s/ David C. Bramlette UNITED STATES DISTRICT COURT JUDGE