Federal Deposit Insurance Corporation v. Hoolihan
Filing
16
ORDER granting in part and denying in part 15 Plaintiff's Motion for Attorney's Fees and Costs and Memorandum of Law. The motion is GRANTED with regard to attorney's fees in the amount of $23,256.48. The motion is DENIED in all other respects. The Clerk is directed to amend the Judgment accordingly. Signed by Judge Sheri Polster Chappell on 12/16/2013. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver of
Silverton Bank, N.A.
Plaintiff,
v.
Case No: 2:13-cv-541-FtM-38DNF
THOMAS HOOLIHAN,
Defendant.
/
ORDER 1
This matter comes before the Court on Plaintiff's Motion for Attorney's Fees and
Costs and Memorandum of Law (Doc. #15) filed on November 25, 2013. Plaintiff seeks
attorney’s fees in the amount of $23,458.98 and costs in the amount of $63.81. For the
following reasons, the motion will be granted in part and denied in part.
Plaintiff initiated this action on March 22, 2011, seeking recovery for breach of a
promissory note executed by Defendant. (Doc. #1). A final default judgment was entered
against Defendant on November 13, 2013. (Doc. #14). The Court found that Plaintiff is
entitled to $156,393.20, and an award of reasonable attorney’s fees and costs. This
$156,393.20 amount comprised of an outstanding principal balance in the amount of
$128,799.18; prejudgment interest on the principal in the amount of $26,244.02 as of
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September 12, 2013; late fees in the amount of $1,300.00; and a process/release fee in
the amount of $50.00. Now, in this motion, Plaintiff moves to be awarded reasonable
attorney’s fees and costs.
The promissory note, which is governed by Georgia law, provides in relevant part
that the
Lender may hire or pay someone else to help collect this Note if Borrower
does not pay. Borrower will pay Lender that amount. This includes, subject
to any limits under applicable law, Lender’s costs of collection, including
court costs and fifteen percent (15%) of the principal plus accrued interest
as attorneys’ fees, if any sums owing under this Note are collected by or
through an attorney at law, whether or not there is a lawsuit, and legal
expenses for bankruptcy proceedings (including efforts to modify or vacate
any automatic stay or injunction), and appeals. If not prohibited by
applicable law, Borrower also will pay any court costs, in addition to all other
sums provided by law.
(Doc. #1-1, at 2).
Provisions such as this are valid under Georgia law. See OCGA § 13-1-11(a). The
principal and accrued interest as of September 12, 2013 equals $155,043.20. 2
Accordingly, this court finds that attorney’s fees in the amount of $23,256.48, in other
words 15 percent of $155,043.20, is warranted.
Plaintiff also requests an award for costs of this litigation, pursuant to 17 U.S.C. §
505. This copyright statute however is not relevant to this action. Nevertheless, the Court
will address whether an award of costs pursuant to 28 U.S.C. § 1920 is warranted here.
Plaintiff seeks $8.81 for courier service and $55.00 for disbursement of subpoena fees.
(Doc. #15-1). Courier services is not an appropriate award of cost. See e.g., Copely v.
Superior Logistics Alternative, Inc., No. 1:10-cv-0009-MEF, 2011 WL 1165476, at *6
2
Plaintiff does not explicitly request an award pursuant to any interest fees accrued after September 12,
2013.
2
(M.D. Ala. Mar. 30, 2011) (rejecting request for postage); El-Fadl v. Central Bank of
Jordan, 163 F.R.D. 389, 390-92 (D.D.C. 1995) (rejecting request for courier service costs
pursuant to Section 1920 and Federal Rule of Civil Procedure 54). In addition, it is unclear
from the record what is meant by “disbursement of subpoena fees.” Accordingly, based
on Plaintiff’s argument and the relevant law, the costs which Plaintiff seeks are not
warranted.
Accordingly, it is now
ORDERED:
Plaintiff's Motion for Attorney's Fees and Costs and Memorandum of Law (Doc.
#15) is GRANTED in part and DENIED in part. The motion is GRANTED with regard to
attorney’s fees in the amount of $23,256.48. The motion is DENIED in all other respects.
The Clerk is directed to amend the Judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 16th day of December, 2013.
Copies: All Parties of Record
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