Hardy et al v. Bartmess
ORDER granting in part and denying in part 271 Motion for Attorney Fees. Honea and Rush are allowed expert fees in the total of $575.00 and $5000 is allowed for attorneys' fees. The Hardys must file confirmation of payment by March 20, 2012. Signed by Judge D. P. Marshall Jr. on 3/5/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JAMES HARDY, JR.; HARDY RESOURCES
LLC; JOHN HARDY; EVERGREEN PROCESSING, LLC,
formerly B&H RESOURCES, LLC; MARY HARDY;
HARDY ENERGY SERVICES, INC.; ELITE
COIL TUBING SOLUTIONS LLC; and
NORTHSTAR FARMS LLC
HELEN BARTMESS, Executrix of the
Estate of George Bartmess
The Court has reviewed the parties' submissions on Bartmess's
attorney's fees and expenses related to the lis pendens issue. The Court
appreciates the papers' brevity.
The expert fees for Honea and Rush, which total $575.00, are
uncontested. They are reasonable and allowed.
The $17,842.50 requested in attorney's fees is too much. Informed by
having adjudicated the lis pendens dispute and by the billing records, and
guided by all the Chrisco factors, the Court concludes that a reasonable fee is
$5,000.00. Chrisco v. Sun Industries, Inc., 304 Ark. 227, 229-30, 800 S.W.2d 717,
718-19 (1990). This represents twenty hours of work at $250.00 an hour. This
was a straightforward issue, one that could have been handled alone by either
of Bartmess's experienced counsel. Bartmess's fee arrangement is only one
factor among many in the equation. Ibid.
The Court awards $5,575.00 in attorney's fees and expenses to Bartmess
for the Hardys' minor breach of the parties' settlement. ARK. CODE ANN. § 16
22-308. The Hardys must file confirmation of payment by 20 March 2012.
Motion for fees, Document No. 271, granted in part and denied in part.
D.P. Marshall Jr.
United States District Judge
5 March 2012
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