Hyundai Motor Finance Company v. McKay Motors I LLC et al

Filing 147

ORDER granting 129 Motion for Attorney Fees in the amount of $260,390.29. Signed by Judge William R. Wilson, Jr on 10/8/08. (dac)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HYUNDAI MOTOR FINANCE COMPANY VS. MCKAY MOTORS I, LLC & JOHN P. MCKAY, JR. HYUNDAI MOTOR AMERICA, INC. ORDER Pending is Plaintiff's Motion for Attorney's Fees (Doc. No. 129). Defendants have responded1 and Plaintiff has replied.2 Plaintiff's motion for attorney's fees and costs requested $325,000.3 In a September 3, 2008, letter order, I directed Plaintiff to file a supplemental itemization of fees and costs which would assist me when considering the issue.4 Plaintiff filed the addendum on September 17, 2008.5 The addendum included fees and costs incurred by Plaintiff through July 3, 2008, and the new figure, when calculated, amounts to $262,796.75.6 4:06CV01714-WRW DEFENDANT/COUNTER-CLAIMANTS THIRD-PARTY PLAINTIFFS THIRD-PARTY DEFENDANT PLAINTIFF

1

Doc. No. 133. Doc. No. 135.

2

Doc. No. 129. The original amount only included an "estimate" of the amount of attorney's fees and costs for June of 2008. I now have a itemized list of fees and costs for that month. See Doc. No. 141.
4

3

Doc. No. 139. Doc. No. 141. Id. -1-

5 6

In an October 2, 2008, letter order, I allowed Defendants until 5:00 p.m. on Monday, October 6, 2008 to file objections to Plaintiff's addendum.7 Defendants did not respond, so Plaintiff's motion will be granted as the "prevailing party" under Arkansas statutory law.8 However, Plaintiff's latest submission9 includes time spent preparing post-trial motions and lunch expenses at The Little Rock Club during trial. I do not believe that time spent on posttrial motions -- other than the motion for attorney's fees -- or lunch is recoverable.10 Accordingly, since Defendants have not objected and the time for doing so has passed, I find that Plaintiff is entitled to reasonable attorney's fees and costs in the amount of $260,390.29. IT IS SO ORDERED this 8th day of October, 2008.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

7

Doc. No. 145. See Ark. Code Ann. § 16-22-308. Doc. No. 141.

8

9

I am referring to $2,076.59 in attorney's fees for preparing post-trial motions (excluding the motion for attorney's fees) and $329.87 for lunch at The Little Rock Club. As a result, $2,406.46 will be subtracted from the total amount awarded to Plaintiff. -2-

10