Kearney Machinery & Supply Inc v. Shenyang Machine Tool Co LTD et al

Filing 54

MEMORANDUM OPINION - Based on the evidence before the court, including counsel's expertise, the time for which they seek reimbursement, and their hourly rate, the court finds that the request for $6,150.00 in attorney's fees is reasonable. Therefore, the court WILL AWARD $6,150.00 in attorney's fees as part of its final default judgment which the court will enter by separate order. Signed by Judge Annemarie Carney Axon on 8/2/2022. (KEK)

FILED
2022 Aug-02 AM 10:10
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KEARNEY MACHINERY &
SUPPLY, INC.,

)
)
)
)
Plaintiff,
)
)
v.
)
SHENYANG MACHINE TOOL CO. )
)
LTD., et al.,
)
Defendants.
)

Case No.: 2:19-cv-1828-ACA

MEMORANDUM OPINION
The court previously entered a memorandum opinion granting in part and
denying in part Plaintiff Kearney Machinery & Supply, Inc.’s motion for sanctions
and explaining that the court would enter a default judgment as a sanction under
Federal Rules of Civil Procedure 16 and 37 against Defendants Shenyang Machine
Tool Co., Ltd.; Shenyang Machine Tool (Group) Co., Ltd.; and Shenyang Machine
Tool Import & Export Co., Ltd. (collectively “Shenyang Defendants”). (Doc. 52).
The court also indicated that it would grant Kearney’s request for reasonable
attorney’s fees and expenses due to the Defendants’ failures under Rules 16 and
37. (Id. at 12–13). Because the record did not contain sufficient information for
the court to evaluate Kearney’s request for attorney’s fees and expenses, the court

ordered Kearney to supplement the record with affidavits or other admissible
evidence establishing the reasonableness of the expenses and fees. (Id. at 13, 15).
Kearney filed a response to the court’s order in which it seeks $6,150.00 in
attorney’s fees that it incurred because of the Defendants’ failures under Rules 16
and 37. (Doc. 53 at 1–3). Kearney supports its request with declarations from its
two attorneys, James H. White, IV and Sylvion S. Moss. (Id. at 6–9, 11–13).
Mr. White attests that he performed 4.1 hours of work at a rate of $250.00 per hour
(for a total of $1,025.00) due to the Shenyang Defendants’ failures under Rules 16
and 37. (Doc. 53 at 6–9). Ms. Moss attests that she performed 20.5 hours of work
at a rate of $250.00 per hour (for a total of $5,125.00) due to the Shenyang
Defendants’ failures under Rules 16 and 37. (Id. at 11–13).
Based on the evidence before the court, including counsel’s expertise, the
time for which they seek reimbursement, and their hourly rate, the court finds that
the request for $6,150.00 in attorney’s fees is reasonable. Therefore, the court
WILL AWARD $6,150.00 in attorney’s fees as part of its final default judgment
which the court will enter by separate order.
DONE and ORDERED this August 2, 2022.

_________________________________
ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE
2