Regions Bank v. Gator Equipment Rentals, LLC et al, No. 2:2015cv05084 - Document 68 (E.D. La. 2016)

Court Description: ORDER & REASONS granting 55 Motion for Attorney Fees. Signed by Judge Sarah S. Vance on 11/29/2016. (mmm)

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Regions Bank v. Gator Equipment Rentals, LLC et al Doc. 68 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA REGIONS BANK CIVIL ACTION VERSUS NO. 15-50 84 GATOR EQUIPMENT RENTALS, LLC, ET AL. SECTION “R” (5) ORD ER AN D REASON S Before the Court is Plaintiff Regions Bank’s unopposed m otion to establish attorneys’ fees 1 owed in com pliance with the J udgm ent entered by the Court on Septem ber 7, 20 16. 2 For the following reasons, the Court GRANTS plaintiff’s m otion. I. D ISCU SSION This case arises out of several com m ercial loans that Regions extended to Gator Equipm ent, LLC, which were secured by itself as well as several corporate and individual defendants. 3 The loans were contem plated in a Business Loan Agreem ent signed by the parties, and the Agreement specified that the borrower “agrees to pay upon dem and all of Lender’s costs and 1 R. Doc. 55. R. Doc. 53. The Court am ended this J udgm ent on October 3, 20 16. R. Doc. 58. 3 R. Doc. 1 at 4. 2 Dockets.Justia.com expenses, including Lender’s attorneys’ fees and Lender’s legal expenses, incurred in connection with the enforcem ent of this Agreem ent.”4 Regions and defendants ultim ately executed three prom issory notes and various security agreements, guaranties, m ortgages, and assignments subject to the Business Loan Agreem ent. 5 On October 10 , 20 15, Regions filed a lawsuit alleging that defendants were in default and unable to satisfy their debts since August 20 15. On February 8, 20 16, Regions filed a m otion for sum m ary judgm ent, seeking both collection of unpaid sum s as well as a judgment recognizing the validity and enforceability of the various notes, security agreements, guaranties, and m ortgages that arose from the Business Loan Agreem ent. 6 On September 7, 20 16, the Court granted Regions’ m otion for sum m ary judgment and entered judgm ent in its favor. In the am ended judgm ent, the Court ordered that the defendants owed Regions all costs, fees, attorneys’ fees, expenses, and charges incurred by Regions in association with its lawsuit as well as all costs, fees, attorneys’ fees, expenses and charges incurred by Regions in connection with the collection of the judgment. 7 The 4 5 6 7 R. Doc. 1-1 at 4. R. Doc. 1 at 6-14. R. Doc. 30 . R. Doc. 58 at 2. 2 am ended judgm ent also ordered Regions to file a m otion within fourteen days of entry of the amended judgm ent establishing those costs, fees, attorneys’ fees, expenses and charges incurred by Regions. 8 Regions filed this m otion in com pliance with the Court’s judgment. Regions engaged the firm of McGlinchey Stafford, PLLC to represent it in this litigation. In support of its m otion establishing attorneys’ fees, Regions attaches McGlinchey Stafford’s invoices related to this lawsuit. 9 The invoices m ake clear that as of Septem ber 19, 20 16, Regions has incurred attorneys’ fees and costs of $ 10 2,764.76, 10 which have been discounted to $ 68,982.73 pursuant to the terms of Regions’ engagement with McGlinchey Stafford. Defendants have not responded to this m otion and thus have not m ade any argument that the fees incurred are unreasonable, nor does the Court find them unreasonable. Therefore, in accordance with the Court’s am ended judgment, the Court awards $ 68,982.73. 8 9 10 Id. R. Doc. 55-2 (Exhibit A). R. Doc. 55-3 at 62 (Exhibit A continued). 3 II. CON CLU SION For the foregoing reasons, the Court GRANTS Regions m otion and awards it $ 68,982.73 in attorneys’ fees. This Order reserves Regions’ rights to seek additional am ounts to com pensate it for the attorneys’ fees, costs and expenses that it incurs in connection with this m otion as well as any additional attorneys’ fees, costs and expenses that it incurs in connection with the collection of the J udgm ent. New Orleans, Louisiana, this _29th _ day of November, 20 16. ___ _____________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 4

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