Suretec Insurance Company v. Cairns Corporation et al

Filing 26

ORDER granting 24 SureTec's Motion for Attorneys' Fees and Costs. SureTec is entitled to a judgment in the amount of $6,341.00, which represents the sumof its attorneys' fees and costs. Signed by Judge Virginia M. Hernandez Covington on 4/21/2011. (SAL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SURETEC INSURANCE COMPANY,
Plaintiff,
v.

CASE NO:

8:10-cv-2794-T-33MAP

CAIRNS CORPORATION, et al.,
Defendants.
_______________________________/
ORDER
This cause comes before the Court pursuant to plaintiff
SureTec Insurance Company's Motion for Attorneys' Fees and
Costs (Doc. # 24), filed on April 13, 2011.
On March 22, 2011, this Court granted SureTec's motion
for

default

final

judgment

against

defendants

Cairns

Corporation, Abinitio Holdings, Inc., Robert Cairns, Katerina
Cairns, and Lightstone Company and directed the Clerk to enter
judgment in SureTec's favor. (Doc. # 20).

The Court also

determined

its

that

SureTec

is

attorneys' fees and costs.

entitled
Id.

to

reasonable

Because this Court has

already determined that SureTec is entitled to its attorneys'
fees and costs, the only remaining issue to be determined is
the amount.
SureTec submits that it incurred $6,218.56 in attorneys’
fees and, in support, submits the affidavit of attorney Brett

D. Divers, as well as a list of time entries on a fee ledger.
(Doc. # 24 at 2; Doc. # 24-1).

Mr. Divers states, under

penalty of perjury, that the attorneys who represented SureTec
in this matter "necessarily spent the time listed . . . and
the

fees

were

reasonably

and

necessarily

incurred

for

research, preparation of court documents, preparation of
correspondence, telephone conferences, and review of documents
. . . ."

(Doc. # 24-1 at 2).

However, there appears to be a

discrepancy between the amount of fees requested in the
Motion, $6,218.56, and the sum of the fees recorded on the fee
ledger, $5,841.00.

Accordingly, the Court grants the Motion

for fees in the amount of $5,841.00.
SureTec also alleges that it incurred $500.00 in costs
for filing the lawsuit and serving process on the defendants,
as set forth in Mr. Divers’s Affidavit.

(Doc. # 24-1 at 3).

These costs are separately itemized on the ledger attached to
Mr. Divers's Affidavit.

(Doc. # 24-1 at 7, 9).

Having considered the Motion, and being otherwise fully
advised in the premises, this Court determines that the Motion
is due to be granted.

SureTec is entitled to a judgment in

the amount of $6,341.00, which represents the sum of its costs

2

and attorneys’ fees, as recorded on its fee ledger.1
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
SureTec Insurance Company's Motion for Attorneys' Fees
and Costs (Doc. # 24) is GRANTED.

SureTec is entitled to a

judgment in the amount of $6,341.00, which represents the sum
of its attorneys’ fees and costs.
DONE and ORDERED in Chambers in Tampa, Florida, this 21st
day of April, 2011.

Copies:
All Parties and Counsel of Record

1

SureTec notes that the amount requested in this Motion
does not include the attorneys' fees and costs SureTec may
incur to collect on its Judgment.
3