UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
July 30, 2009
RANI H. SAMUEL, PLAINTIFF,
CITIBANK, N.A., LONG TERM DISABILITY PLAN, A/K/A CITIGROUP LONG TERM DISABILITY PLAN, DEFENDANT.
The opinion of the court was delivered by: John E. Simko United States Magistrate Judge
ORDER RE: MOTION FOR ATTORNEY FEES (DOC. 63)
Pending is Rani Samuel's motion for attorney's fees (Doc. 63). The controlling cases are: Martin v. Arkansas Blue Cross and Blue Shield , 299 F.3d 966 (8 th Cir. 2002); Lawrence v. Westerhaus , 749 F.2d 494 (8 th Cir. 1984); Seitz v. Metropolitan Life Insurance Company , 433 F.3d 647 (8 th Cir. 2006); and Kahle v. Leonard, 563 F.3d 736 (8 th Cir. 2009).
The circumstances and motion in this case, like the circumstances and motion in Lawrence v. Westerhaus , are premature. Also, regarding the remand order as an order which is not a final order, see Gerhardt v. Liberty Life Assurance Company of Boston , - F.3d - , No. 08-2517 (8th Cir. 2009).
It is ORDERED that plaintiff's motion for attorney's fees is DENIED without prejudice.
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