DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 DR. JAMES BENNETT, 5 5 Plaintiff, 5 v. 5 2004-CV-0031 5 VIRGIN ISLANDS GOVERNMENT 5 through VIRGIN ISLANDS BOARD OF 5 OPTOMETRIC EXAMINERS, DR. PETER 5 KUMPITCH, and DR. CRAIG 5 FRIEDENBERG, 5 5 Defendants. 5 __________________________________________5 TO: Lee J. Rohn, Esq. Raymond James, Esq., AAG William J. Glore, Esq. ORDER THIS MATTER came before the Court upon counsel for Plaintiff’s affidavits in support of costs and attorney’s fees (Docket No. 118), Defendant Dr. Peter Kumpitch’s Motion to Strike the Plaintiff’s Request For Attorney’s Fees (Docket No. 125), Defendant Dr. Peter Kumpitch’s Motion to Deem Conceded (Docket No. 128). Upon review of the affidavits of counsel for Plaintiff in support of costs and attorney’s fees, the Court finds the amounts to be excessive. Consequently, the court will grant in part Defendant Dr. Peter Kumpitch’s motion to strike and reduce the amounts to Case: 1:04-cv-00031-RLF-GWC Document #: 129 Filed: 01/08/08 Page 1 of 3 Bennett v. Virgin Islands Government 2004-CV-0031 Order Page 2 be paid by Defendants Virgin Islands Government and Defendant Dr. Peter Kumpitch to a total award of $1,650.00. Given the Court’s disposition of Defendant Dr. Peter Kumpitch’s motion to strike, the court will deny said Defendant’s motion to deem conceded. Accordingly, it is now hereby ORDERED: 1. Defendants Dr. Peter Kumpitch’s Motion to Strike the Plaintiff’s Request For Attorney’s Fees (Docket No. 125) is GRANTED IN PART AND DENIED IN PART. 2. Within ten (10) days from the date of entry of this order, Defendant Virgin Islands Government and Defendant Dr. Peter Kumpitch each shall pay to counsel for Plaintiff the sum of $825.00, for Plaintiff’s costs and attorney’s fees resulting from and associated with the filing of the motions to show cause, including court appearances, and file notice with the Court of such payment. 3. Defendant Dr. Peter Kumpitch’s Motion to Deem Conceded (Docket No. 128) is DENIED. Case: 1:04-cv-00031-RLF-GWC Document #: 129 Filed: 01/08/08 Page 2 of 3 Bennett v. Virgin Islands Government 2004-CV-0031 Order Page 3 ENTER: Dated: January 8, 2008 /s/ GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:04-cv-00031-RLF-GWC Document #: 129 Filed: 01/08/08 Page 3 of 3