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District of Columbia v. Jackson6/30/2005
fer its ruling on the motion, or may deny the motion without prejudice, directing . . . a new period for filing after the appeal has been resolved." FED. R. CIV. P. 54 advisory committee's note; see also Proposed Amendments, supra (" he Court may rule on the claim for fees, may defer the ruling, or may deny the motion without prejudice and provide a new period for filing after resolution of the appeal"). Finally, Rule 6 (b) states that, where the Rules require that an act be done within a specified time: the Court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect.
D.C. Super. Ct. Civ. R. 6 (b). There is no indication in the record, and Jackson does not argue, that Jackson filed a motion for attorney's fees within fourteen days of the July 29, 1999 judgment, that during that fourteen-day period she requested a court order enlarging the fourteen-day time limit, or that she filed a motion under Rule 6 (b) alleging "excusable neglect." There is no indication that the trial court, sua sponte, entered an order extending the fourteen-day time limit. Any of these events would have put the District on notice that Jackson would be seeking attorney's fees, and thus satisfied one of the stated purposes of Rule 54 (d)(2)(B). See FED. R. CIV. P. 54 advisory committee's note. Jackson followed none of these procedures. Thus, her motion for attorney's fees was untimely, and the trial court was not in a position to rule upon its merits. The trial court's order awarding attorney's fees is therefore reversed.
So ordered.
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