HCAFranchise Corporation v. Southern Home Care Assistance Inc. et al

Filing 59

ORDER granting 58 Agreed Motion for Partial Amendment. Accordingly, the Court's Order 55 is amended as set forth. Signed by Honorable Susan O. Hickey on March 19, 2018. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

HCA FRANCHISE CORPORATION, a Nevada
corporation
v.

PLAINTIFF

Case No. 6:16-cv-6126

SOUTHERN HOME CARE ASSISTANCE,
INC., an Arkansas corporation; ZACHARY F.
SMITH, an individual; and LINDSEY R.
SMITH, an individual, jointly and severely

DEFENDANTS

ORDER
Before the Court is an Agreed Motion for Partial Amendment of the Court’s Order
Granting Motion for Attorneys’ Fees filed by Defendants Southern Home Care Assistance, Inc.,
Zachary F. Smith, and Lindsey R. Smith (collectively, “Defendants”). ECF No. 58. The parties
request a partial amendment of the payment of attorneys’ fees provision in the Court’s Order,
which awarded Plaintiff HCAFranchise Corporation (“HCA”) reasonable attorneys’ fees in the
amount of $13,187.50 and reasonable costs in the amount of $172.35. See ECF No. 55. The Order
directed Defendants to make payment to HCA within sixty (60) days of the Order’s entry date.
The Court, being well advised, finds that the motion (ECF No. 58) should be and hereby is
GRANTED. Accordingly, the Court’s Order (ECF No. 55) is amended in only the following
respects:
In lieu of Defendants’ payment of $13,187.50 in attorneys’ fees ordered by the Court to
have been paid to HCA on or before January 29, 2018 (within 60 days of the entry of the Court’s
Order), which Defendants admit they failed to pay, Defendants shall reimburse HCA for its
attorneys’ fees as follows:

(1) Defendants shall pay the previously ordered total amount of $13,187.50 in attorneys’ fees
to HCA in 18 consecutive monthly installments of $750.00, to be paid by certified funds
made payable to HCA Franchise Corporation and mailed via United States Postal Service
certified mail or trackable overnight delivery service (via a reputable national carrier) to:
HCAFranchise Corporation, c/o Matthew J. Kreutzer, Esq., Howard & Howard PLLC,
3800 Howard Hughes Parkway, Suite 1000, Las Vegas, Nevada, 89169. The amount by
which such payments total more than the $13,187.50 in attorneys’ fees originally ordered
by the Court to be paid to HCA will be interest paid to HCA, as agreed to by Defendants;
(2) Defendants will mail each such monthly installment post-marked on or before the first
Monday of each month, with the first payment being mailed on or before April 2, 2018,
and the last payment being mailed on or before September 2, 2019;
(3) Any missed or late monthly installment will be a further violation of the Court’s Order and
subject Defendants to further sanctions by the Court.1
IT IS SO ORDERED, this 19th day of March, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

1

The parties’ motion stipulates that a “late monthly installment” is defined as ten (10) days late.

2