Wells Fargo Bank NA v. PF Allied Gardens LLC et al

Filing 88

ORDER granting as modified 80 Wells Fargo Bank, N.A.'s motion for attorneys' fee. Wells Fargo is awarded $422,865 in attorneys' fees and $4,792.17 in costs. Signed by Judge Brian S. Miller on 6/6/2024. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
WELLS FARGO BANK, N.A.
as Trustee For Morgan Stanley Capital I Trust
2016-UBS 12, Commercial Mortgage Pass-Through
Certificates, Series 2016-UBS 12
v.

PLAINTIFF

CASE NO. 4:22-CV-00180-BSM

PF ALLIED GARDENS LLC, et al.

DEFENDANTS
ORDER

Wells Fargo Bank, N.A.’s motion for attorneys’ fees [Doc. No. 80] is granted as
modified. Wells Fargo is awarded $422,865 in attorneys’ fees and $4,792.17 in costs.
Under the terms of the loan documents, defendants agreed to pay costs, expenses, and
reasonable attorneys’ fees incurred in enforcing the documents, and defendants did not
oppose the motion for fees. The time billed by Wells Fargo’s lawyers is reasonable
considering the time and labor required, the amount involved, and the results obtained. See
G & K Servs. Co. v. Bill’s Super Foods, Inc., 766 F.3d 797, 801 (8th Cir. 2014) (citing
Chrisco v. Sun Indus., Inc., 304 Ark. 227, 229, 800 S.W.2d 717, 718–19 (1990)). But the
hourly rates charged by the Dykema Gossett lawyers are high compared to the fees
customarily charged in Arkansas for similar work. I find that reasonable hourly rates for the
Dykema Gossett lawyers are as follows: $375 for Edward S. Weil, $350 for Robert B.
Groholski, and $325 for Paulina Garga-Chmiel. See Bryant v. Jeffrey Sand Co., 919 F.3d
520, 529 (8th Cir. 2019) (“When determining reasonable hourly rates, district courts may rely
on their own experience and knowledge of prevailing market rates.”).

Wells Fargo is therefore awarded $388,397.50 for work performed by Dykema
Gossett lawyers; $1,151.38 for costs incurred by Dykema Gossett; $34,467.50 for work
performed by Wright, Lindsey & Jennings lawyers; and $3,640.79 for costs incurred by
Wright, Lindsey & Jennings; for a total of $422,865 in attorneys’ fees and $4,792.17 in costs.
IT IS SO ORDERED this 6th day of June, 2024.
________________________________
UNITED STATES DISTRICT JUDGE

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