Attorney fees pursuant to Federal Rule of Civil Procedure 37(a)(5)(A) may be ordered in a case where a judgment of dismissal for lack of subject-matter jurisdiction has been granted, if the motion for fees was filed prior to the dismissal.
In a case decided July 6, 2018, the district court issued an order granting attorney fees pursuant to a motion to compel, where the plaintiff’s claim was dismissed for lack of subject-matter jurisdiction. Rackemann v. LISNR, Inc., No. 117CV00624MJDTWP, 2018 WL 3328140, (S.D. Ind. July 6, 2018).
The defendants, LISNR Inc. and the Indianapolis Colts, filed a motion to compel plaintiff to produce documents and information. After considering the plaintiff’s argument, the court issued an order granting the defendant’s motion to compel. In its order, the court gave the defendants leave to file a motion for fees. The defendants filed their motion for fees pursuant to Fed. R. Civ. P. 37(a)(5)(A). The plaintiff’s claim was subsequently dismissed under Fed. R. Civ. P. 12 (h)(3) for lack of subject-matter jurisdiction.