Simmons Bank v. First Capital Victoria LLC et al

Filing 122

ORDER granting as modified #115 Motion for attorney fees. Suneet Singal, First Capital Victoria, First Capital Jourdanton, First Capital Hobbs, and First Capital Real Estate Investments owe Simmons Bank a total of $82,073.80 more. Signed by Judge D. P. Marshall Jr. on 5/6/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SIMMONS BANK, TRUSTEE OF THE
HEARTLAND BANK LIQUIDATING TRUST
U/1/D MARCH 8, 2018
v.

PLAINTIFF

No. 4:17-cv-549-DPM

FIRST CAPITAL VICTORIA LLC;
FIRST CAPITAL JOURDANTON LLC;
FIRST CAPITAL HOBBS LLC; FIRST
CAPITAL REAL ESTATE INVESTMENTS LLC;
FIRST CAPITAL REAL ESTATE ADVISORS LP;
and SUNEET SINGAL

DEFENDANTS

ORDER

Simmons Bank seeks attorneys' fees and costs from the judgment
debtors. Singal and the First Capital entities on the hook promised in
the loan-related documents to reimburse Heartland Bank for all costs
and expenses incurred in connection with a default on the debt,
including lawyers' fees. Ng 81-22 at 6; Ng- 81-26 at 9. Arkansas law
provides for reasonable fees to a prevailing party in a contract case, and
Simmons Bank prevailed here. ARK. CODE ANN. § 16-22-308; Baptist

Health v. Smith, 536 F.3d 869, 873 (8th Cir. 2008). The fees incurred by
Simmons Bank were at reasonable hourly rates and in a reasonable
amount, especially as trimmed in the request. The judgment debtors
do not oppose the request.

NQ 121. The Court grants the motion,

NQ 115, as modified. Under FED. R. Crv. P. 54(d)(l) and 28 U.S.C. § 1920,

the $1,590.90 deposition fee for Singal' s testimony and the $7.08 for
copies are taxable costs. The other deposition-related travel expenses
are not. Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437,445 (1987).
But, Arkansas lawyers routinely bill clients for necessary travel; Singal
insisted on being deposed in New York; and the parties' agreements
are broad enough to cover these out-of-pocket dollars.
therefore adds them to the fee.

The Court

The Court awards Simmons Bank

reasonable attorneys' fees of $78,979.75 plus $3,094.05 in costs. Suneet
Singal, First Capital Victoria, First Capital Jourdanton, First Capital
Hobbs, and First Capital Real Estate Investments owe Simmons Bank a
total of $82,073.80 more.
So Ordered.

D.P. Marshall (r.
United States District Judge

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