UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30479
Summary Calendar
BENJAMIN BOYD; ET AL.,
Plaintiffs,
LARRY E. BROOME,
Intervenor-Appellant,
versus
CHARLES C. FOTI, JR., Individually and in
his capacity as Criminal Sheriff of Orleans Parish;
THE ORLEANS PARISH CRIMINAL SHERIFF’S OFFICE,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of Louisiana
(94-CV-204-B)
December 27, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
For this action under the Fair Labor Standards Act, Larry E.
Broome, formerly counsel for Plaintiffs, appeals his attorney’s
fees award of $1,500. We review for abuse of discretion. Purcell
v. Seguin State Bank & Trust Co., 999 F.2d 950, 961 (5th Cir.
1993).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Broome originally appealed from an interim fee order which “is
not a final judgment, and thus may be reviewed only if the
collateral order doctrine applies”. Walker v. U.S. Dep’t of Hous.
& Urban Dev., 99 F.3d 761, 766 (5th Cir. 1996) (emphasis added).
However, because final judgment has been entered on Broome’s fee
award, we have jurisdiction.
After reviewing the record and briefs, we find that the
district court did not abuse its discretion. Purcell, 999 F.2d at
961-62. Accordingly, we DENY as moot Appellee Foti’s motion to
compel Broome to correct, and to strike portions of, Broome’s
record excerpts. Broome’s request for additional attorney’s fees
based on Appellee’s alleged filing of a frivolous motion, and
Appellee’s request for sanctions pursuant to FED. R. APP. P. 38, are
also DENIED. Broome’s unopposed motions to supplement the record
are GRANTED.
AFFIRMED
2