ARU SPC LTD. v. Meyer Trucking, Inc. et al

Filing 34

ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS FEES; VACATING HEARING. Signed by Judge Maxine M. Chesney on April 29, 2013. (mmclc1, COURT STAFF) (Filed on 4/29/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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ARU SPC LTD.,
Plaintiff,

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No. C-12-5754 MMC
ORDER GRANTING PLAINTIFF’S
MOTION FOR ATTORNEYS’ FEES;
VACATING HEARING

v.
MEYER TRUCKING, INC., et al.,
Defendants.
/

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Before the Court is ARU SPC, Ltd.’s (“ARU”) “Motion for Attorneys’ Fees,” filed April

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8, 2013. Defendants Meyer Trucking, Inc., Robert L. Meyer and Patricia J. Meyer have not

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filed opposition. Having read and considered the papers filed in support of the motion, the

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Court deems the matter suitable for decision on the moving papers, VACATES the hearing

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scheduled for May 17, 2013, and rules as follows.

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By order filed April 2, 2013, the Court granted ARU’s motion for judgment on the

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pleadings, and, on the same date, the Clerk of Court entered judgment in favor of ARU and

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against defendants, jointly and severally, in the amount of $330,145, together with

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prejudgment interest in the amount of $7146.34, for a total award of $337,291.34. By the

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instant motion, ARU, as the prevailing party herein, seeks an award of reasonable

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attorneys’ fees and costs incurred in the above-title action.

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Under the terms of the “Promissory Note,” dated August 13, 2012, Meyer Trucking,

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Inc. (“Meyer Trucking”) agreed to make certain payments to ARU and further agreed, in the

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event of a default, to “pay reasonable costs and expenses incurred by or of behalf of Holder

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in connection with Holder’s exercise of any or all of Holder’s rights and remedies under

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th[e] Note, including, without limitation, reasonable attorneys’ fees and costs.” (See Compl.

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Ex. B ¶ 6.)1 On July 27, 2012, Robert Meyer and Patricia Meyer (“the Meyers”) executed a

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“Guarantee and Indemnity” agreement in which they agreed to be responsible for any

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amount Meyer Trucking failed to pay to ARU and further agreed to pay “all costs[,] charges

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and expenses” incurred by ARU “in enforcing [the] Guarantee and Indemnity” (see Compl.

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Ex. A); additionally, on August 13, 2012, the Meyers executed an Amendment thereto, in

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which the Meyers agreed to guarantee Meyer Trucking’s performance under the

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Promissory Note (see Compl. Ex. C). In light of the language in the Promissory Note, the

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Guarantee and Indemnity, and the Amendment to the Guarantee and Indemnity, the Court

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finds Meyer Trucking and the Meyers are liable, jointly and severally, for the attorneys’ fees

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and costs reasonably incurred by ARU in the instant action.

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Further, the Court, having read and considered the evidence submitted by ARU in

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support of the instant motion, finds the amount of fees and costs claimed, specifically,

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$15,704.50 and $1720.44, are, in each instance, reasonable.

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Accordingly, the motion is hereby GRANTED, and ARU is hereby awarded, as

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against Meyer Trucking and the Meyers jointly and severally, attorneys’ fees and costs in

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the total amount of $17,424.94.

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IT IS SO ORDERED.

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Dated: April 29, 2013
MAXINE M. CHESNEY
United States District Judge

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“Holder” is defined in the Promissory Note as ARU. (See Compl. Ex. B at 1.)
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