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Civil Rights: Education | Florida Southern
Order on Motion for Attorney Fees
PAPERLESS ORDER denying Defendants' Motion for Attorneys' Fees and Costs 39 . The Motion seeks over $50,000 in attorneys' fees and costs for Defendants as the prevailing parties on Plaintiff's ADA, Rehabilitation Act, and Title IX claims 39 . On May 13, 2026, the Court dismissed Plaintiff's federal claims with prejudice because the Second Amended Complaint 32 again constituted a shotgun pleading, despite an earlier dismissal and warning on that exact issue 37 . The Court never reached the merits of any of Plaintiff's federal claims, nor did it otherwise characterize their substance 37 . Against that backdrop, the Court declines to award fees in this matter. It is true that Defendants spent time drafting two Motions to Dismiss 17 35 (though several arguments in the second Motion were duplicative of those in the first), and that Defendants spent time preparing for and attending the Court's Hearing on the first Motion 26 . It is also true that Defendants are the prevailing party in this action, limited to Plaintiff's ADA, Rehabilitation Act, and Title IX claims 37 . Nevertheless, the "general rule in the United States" is that "litigants must pay their own attorney's fees." See Christiansburg Garment Co. v. Equal Emp. Opportunity Comm'n, 434 U.S. 412, 415 (1978). And while Defendants are correct that the Court may allow the prevailing party to recover reasonable attorneys' fees under certain circumstances, see 42 U.S.C. § 12205 (ADA); 29 U.S.C. § 794a(b) (RA); 42 U.S.C. § 1988(b) (Title IX), such fees may be awarded only if the plaintiff's claim was "frivolous, unreasonable, or groundless, or... the plaintiff continued to litigate after it clearly became so," Christiansburg, 434 U.S. at 422. The Court declines to reach such a conclusion under the circumstances presented here, without a judicial determination of frivolity or unreasonableness on the merits, and without any other clear circumstances warranting fees. Signed by Judge Aileen M. Cannon on 7/14/2026.
Civil Rights: Education | New Jersey
Text Order
TEXT ORDER: Plaintiffs' counsel shall promptly provide Defendant's counsel with an inventory identifying with specificity what documents counsel believes are missing from Plaintiffs' file, as well as any documents that counsel believes were previously requested but not produced. The Parties shall have 30 days to resolve the issues that Plaintiffs believe exist. By August 21, 2026, the Parties shall file a joint letter advising the Court whether these issues have been resolved. And it is further Ordered that the Court denies without prejudice Plaintiffs' request for leave to file a motion to amend. Plaintiffs may renew their request at the appropriate time depending upon the outcome of Plaintiffs' motion for reconsideration in Civil Action 24-1728 (ECF No. 55 ). So Ordered by Magistrate Judge Justin T. Quinn on 7/14/2026. (eh, )
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