-TCB Southern Walk at Broadlands Homeowner's Association, Inc. v. Openband at Broadlands, LLC, No. 1:2011cv00517 - Document 63 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER denying 52 Motion for Attorney Fees. Signed by District Judge Gerald Bruce Lee on 8/17/2012. (rban, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION SOUTHERN WALK AT BROADLANDS ) HOMEOWNER'S ASSOCIATION, INC., ) Plaintiff, ) Civil No. 1:11-cv-00517 (GBL/TCB) OPENBAND AT BROADLANDS, LLC, ) Defendant. ) MEMORANDUM OPINION AND ORDER This matter is before the Courton Defendant Openband at Broadlands LLC's ("OBB") Motion for Attorneys' Fees and Expenses. Dkt. No. 52. Plaintiff Southern Walk at Broadlands Homeowner's Association, Inc. ("Southern Walk") brought this action to invalidate its Agreement to Obtain Telecommunications Services ("TSA" or "Agreement") and other agreements with OBB. By Memorandum Opinion and Order entered on February 13, 2012, the Court granted OBB's Motionto Dismiss the Amended Complaint and dismissed the case with prejudice. OBB now requests an award of attorneys' fees and other litigation expenses pursuant to a fee-shifting provision in the TSA. The issue before the Court is whether OBB is entitled to an award of attorneys' fees and expenses under the TSA, which provides that the prevailing party in litigation "commenced in connection with enforcing" terms of the TSA is entitled to recover costs of litigation. The Court holds that the fee-shifting provision in the TSA does not apply because Southern Walk commenced this litigation to have the TSA declared unenforceable and not in connection with
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