Branch Banking and Trust Company v. Maclay Construction, Inc. et al

Filing 33

Order finding BBT is entitled to an award of reasonable attorney's fees and expenses as follows: 1) against the Guarantor Charles Maclay in the total amount of $6,084.59 for collection of the Guarantees; and 2) against Maclay Construction, Inc. in the total amount of $3,042.29 for collection of the Notes. Signed by Judge Kristi K. DuBose on 4/15/2016. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANCH BANKING AND TRUST
COMPANY, successor in interest to
COLONIAL BANK, by asset acquisition
from the FDIC, as Receiver for Colonial
Bank,
Plaintiff,
v.
MACLAY CONSTRUCTION, INC. and
CHARLES A. MACLAY,
Defendants.

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CIVIL ACTION NO. 15-00398-KD-N

ORDER
This action is before the Court on Plaintiff Branch Banking and Trust Company’s (BBT)
motion for summary judgment, brief, supporting exhibits, and the supplement (docs. 20, 21, 32).
Previously, the Court entered an order granting the motion for summary judgment and finding
that the attorney’s fees, costs, and expenses claimed by BBT were reasonable (doc. 31).
However, BBT was ordered to supplement its submission with additional evidence as to the
attorney’s fees, costs and expenses for collection of the Notes, as opposed to the Guarantees.
In the supplement, BBT states that it is unable to accurately delineate the work performed
for collection of the Notes from the work performed for collection of the Guarantees. BBT
requests an award of the full amount of attorney’s fees, costs, and expenses against Charles A.
Maclay individually as the Guarantor and the against Maclay Construction, Inc., as the maker of
the Notes. Alternatively, BBT suggests an equitable apportionment.
Upon consideration, the Court finds that BBT is entitled to an award of reasonable
attorney’s fees and expenses as follows:

1) against the Guarantor Charles A. Maclay in the total amount of $6,084.59, for
collection of the Guarantees; and
2) against Maclay Construction, Inc., in the total amount of $3,042.29, for collection of
the Notes.
Final judgment shall be entered by separate document as provided in Fed. R. Civ. P.
58(a).
DONE and ORDERED this 15th day of April 2016.

s / Kristi K DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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