Randy Kinder Excavating Inc v. JA Manning Construction Company Inc et al

Filing 153

ORDER granting in part and denying in part 147 amended motion for attorneys' fees and costs. The Court finds it reasonable to award attorneys' fees in the amount of $283,609.15 and costs in the amount of $26,363.62. Signed by Judge James M. Moody Jr. on 7/21/2020. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
RANDY KINDER EXCAVATING, INC.
VS.

PLAINTIFF

4:12CV00668 JM

J.A. MANNING CONSTRUCTION
COMPANY and GRANITE RE, INC.

DEFENDANTS

ORDER
On September 18, 2019 the Court entered an order finding that Separate Defendant
Manning is entitled to fees and costs in this matter. The Court requested Manning file an
amended motion for attorneys’ fees and costs segregating and eliminating the fees and costs
incurred by Granite.
Manning has filed an amended petition, docket # 147. Plaintiff has filed a response and
Manning has filed a reply. For the reasons set forth herein, the motion is GRANTED IN PART
AND DENIED IN PART. After consideration of the application and briefs, the Court will
award attorneys= fees in the amount of $283,609.15 and costs in the amount of $26,363.62.
The original motion for attorneys’ fees filed on behalf of Manning and Granite sought
fees in the amount of $356,064.25. In its amended petition, Manning reduced its fee request to
$296,857.90. Following Plaintiff’s response, Manning agrees to an additional reduction of its
requested fees.
Plaintiff objects to Manning’s fee request arguing that all of the attorneys’ fees and
expenses expended by Granite in this matter after October 2013 are not recoverable. Plaintiff
states that beginning on November 26, 2012, Hayes, Magrini & Gatewood and J.B. Cross
represented both Granite and Manning. Since October 2013 Granite has paid all of the fees for

the defense to Kinder’s claims and to prosecute Manning’s affirmative claims. Plaintiff argues
that Granite was not compelled or required to pay all of the fees and that because the Court has
previously found that Granite is not entitled to fees, the payments made after October 2013
should be disallowed. Additionally, Plaintiff argues that even if the Court were to determine
that Manning is entitled to fees incurred after October 2013, the motion fails to sufficiently
allocate the fees between Manning and Granite.
In discussing the reasonableness of an attorney=s fee award, the United States Supreme
Court has stated that a reasonable attorney=s fee is properly calculated by multiplying the number
of hours Areasonably expended@ on the litigation by a reasonable hourly rate, thereby arriving at
the Alodestar@.

Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). In making the lodestar

determination, the Court also considered the twelve factors approved in Ladies Center,
Nebraska, Inc. v. Thone, 645 F.2d 645 (8th Cir. 1981)(adopting guidelines set forth in Johnson v.
Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974)): (1) time and labor required; (2)
novelty and difficulty of the questions; (3) skill requisite to perform the legal service properly;
(4) preclusion of other employment, due to acceptance of case; (5) the customary fee; (6)
whether the fee is fixed or contingent; (7) time limitations imposed by the client or the
circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation,
and ability of the attorneys; (10) the undesirability of the case; (11) the nature and length of the
professional relationship with the client; (12) awards in similar cases. Hensley, 461 U.S. at 434.
The Court finds that the fees requested and the hours as reduced by Manning’s most
recent pleading are reasonable and just. The issues in the case were complex and the litigation
prolonged. Further the Court is not persuaded that just because Granite bore the financial
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responsibility of the litigation expenses, Manning should be precluded from recovery.
Additionally, the charges for time spent in the concurrent representation of Manning and Granite
which benefited Manning are recoverable despite the fact that Granite also received a benefit
from that work.
After considering the Hensley factors and the circumstances of this case, the Court finds
it reasonable to award attorneys= fees in the amount of $283,609.15 and costs in the amount of
$26,363.62.
IT IS SO ORDERED this 21st day of July, 2020.
____________________________________
James M. Moody Jr.
United States District Judge

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