Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company, and Metlife, Inc., a Delaware Holding Company

McLAUGHLIN, Circuit Judge.

This appeal raises three questions: (1) Did the district court lose jurisdiction to award attorneys’ fees after the complaint had been dismissed and a notice of appeal filed?; (2) Was the defendants’ motion for attorneys’ fees timely?; and (3) Was the complaint so utterly lacking in merit as to be frivolous thereby justifying an award of attorneys’ fees to the defendants?

Plaintiffs, holders of insurance policies, appeal from a judgment of the United States District Court for the Southern District of New York (Kaplan, J.), granting attorneys’ fees to the prevailing…