UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
November 15, 2012
HIP HEIGHTENED INDEPENDENCE : & PROGRESS, INC., ET AL.,
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, DEFENDANT.
The opinion of the court was delivered by: Chesler, District Judge
OPINION & ORDER
This matter comes before the Court upon Plaintiffs Heightened Independence and Progress, Inc. and United Spinal Association's (collectively "Plaintiffs") motion for attorneys' fees and costs [docket entry #107]. Plaintiffs moved for attorneys' fees and costs after this Court granted Plaintiffs summary judgment on their claims under the Americans with Disabilities Act, 42 U.S.C. § 12133 ("ADA") [docket entry #106]. Thereafter, Defendant The Port Authority of New York and New Jersey, timely appealed this Court's decision to the Third Circuit Court of Appeals [docket entry #109]. On September 11, 2012, the Third Circuit vacated this Court's judgment and remanded for further proceedings [docket entry #175]. This Court's grant of summary judgment in favor of Plaintiffs having been reversed, Plaintiffs are not prevailing parties under the ADA and are therefore not entitled to attorneys' fees and costs.
For these reasons,
IT IS on this 14th day of November, 2012, ORDERED that Plaintiff's motion for attorneys' fees and costs [docket entry #107] be and hereby is DENIED.
STANLEY R. CHESLER United States District Judge
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