Lexon Insurance Company v. Community & Southern Bank , 608 F. App'x 918 ( 2015 )


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  •               Case: 14-14259    Date Filed: 06/29/2015   Page: 1 of 3
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-14259
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:11-cv-02812-MHS
    LEXON INSURANCE COMPANY,
    Plaintiff-Appellant,
    versus
    COMMUNITY & SOUTHERN BANK,
    Defendant-Appellee.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    ________________________
    (June 29, 2015)
    Before HULL, ROSENBAUM, and ANDERSON, Circuit Judges.
    PER CURIAM:
    Lexon Insurance Company (“Lexon”) appeals the district court’s order
    denying reconsideration of Lexon’s request for attorney’s fees pursuant to Rule 11
    Case: 14-14259     Date Filed: 06/29/2015    Page: 2 of 3
    of the Federal Rules of Civil Procedure. We review the district court’s denial of
    reconsideration for an abuse of discretion. Fla. Ass’n of Rehab. Facilities, Inc. v.
    State of Fla. Dep’t of Health & Rehab. Servs., 
    225 F.3d 1208
    , 1216 (11th Cir.
    2000). Upon review of the record and the parties’ briefs, we affirm.
    Pursuant to Local Rule 7.2(E), “[m]otions for reconsideration shall not be
    filed as a matter of routine practice.” Rather, such motions are only appropriate
    when “absolutely necessary” to present: (1) newly discovered evidence; (2) an
    intervening development or change in controlling law; or (3) a need to correct a
    clear error of law or fact. Bryant v. Murphy, 
    246 F. Supp. 2d 1256
    , 1258-59 (N.D.
    Ga. 2003). Lexon did not advance any of the foregoing grounds for
    reconsideration either in this Court or the district court, and as such, Lexon’s
    appeal is meritless.
    Even assuming, arguendo, that Lexon is asserting clear error under Rule
    7.2(E), we are not persuaded. As the district court observed, Lexon seeks
    reimbursement of over $10,000 in attorney’s fees for more than 50 hours spent
    researching and drafting a 7-page response to Community & Southern Bank’s
    motion. Lexon’s response merely pointed out the Bank’s obvious failure to
    comply with Rule 11’s requirements. The district court denied this request as
    “grossly excessive.” Although we have not decided the issue, several other circuits
    have held that district courts do not abuse their discretion by wholly denying
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    Case: 14-14259     Date Filed: 06/29/2015    Page: 3 of 3
    exorbitant fee applications when an award of fees is permissive, as in the instant
    case. Andrews v. United States, 
    122 F.3d 1367
    , 1375 (11th Cir. 1997); see Budget
    Rent-A-Car Sys., Inc. v. Consolidated Equity LLC, 
    428 F.3d 717
    , 718 (7th Cir.
    2005); Fair Housing Council of Greater Wash. v. Landow, 
    999 F.2d 92
    , 96-97 (4th
    Cir. 1993); Lewis v. Kendrick, 
    944 F.2d 949
    , 956 (1st Cir. 1991). Because it is at
    “at least arguable” that the district court was entitled to deny Lexon’s request
    outright, the court did not abuse its discretion. See United States v. Battle, 
    272 F. Supp. 2d 1354
    , 1358 (N.D. Ga. 2003) (“An error is not clear and obvious if the
    legal issues are at least arguable.”) (internal quotation omitted).
    AFFIRMED.
    3