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Crist v. Liberty Life Assurance Co. of Boston

July 21, 2006

ANNE E. CRIST, PLAINTIFF,
v.
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Thomas M. Rose

ENTRY AND ORDER REGARDING ADDITIONAL BRIEFING ON THE AMOUNT OF ATTORNEYS' FEES

In an Entry and Order dated May 4, 2006, this Court granted Crist's Motion for Judgment On the Administrative Record and granted her leave to submit a motion, within thirty days, requesting any attorneys' fee and other benefits to which she believes that she is entitled . (Doc. #42.) On June 2, 2006, Crist submitted her Motion for An Award of Reasonable Attorney's Fees and Costs and Other Equitable Relief. (Doc. #46.) Liberty Life then responded (doc. #47) and Crist replied (doc. #48).

Crist's Reply seeks an additional amount of $5, 578.86 over what is requested in her Motion and indicates that "additional attorney's fees and expenses have been and will continue to accrue." (Doc. #48 p. 11.) Therefore, Crist is given until not later than ten days after entry of this Order to submit all of her additional attorney's fees and expenses. Liberty is then given until not later than ten days after Crist submits her additional attorney's fees and expenses to respond to Crist's request for additional attorney's fees and expenses including those requested in Crist's Reply.

The Parties need not further brief the issue of whether attorney's fees and expenses should be provided. The only issue subject to further briefing is the amount requested. After the additional attorney's fees and expenses have been briefed or the time allotted therefore expires, the Court will address the merits of Crist's request and the amount, if applicable.

DONE and ORDERED in Dayton, Ohio, this Twenty-First day of July, 2006.

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

20060721

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