New York Life Insurance and Annuity Corporation v. Gerth et al

Filing 32

ORDER: Plaintiff is awarded $5,403.70 for attorneys' fees, costs, and expenses incurred in connection with the filing of this case, which shall be paid forthwith from the registry monies. The Clerk shall make all the necessary steps to d isburse from the registry monies to Plaintiff's counsel, Brandon Paul Faulkner and Charles Wachter of Holland & Knight, LLP, at 100 N Tampa St - Ste 4100, PO Box 1288, Tampa, FL 33602, the amount of $5,403.70 for attorneys' fees, costs, and expenses. Signed by Judge James S. Moody, Jr on 6/17/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION, a Delaware
Corporation,
Plaintiff,
v.

Case No. 8:12-cv-1954-T-30MAP

ELLEN GROSS GERTH; THOMAS J.
GROSS; ABBY BAUMGARTNER,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Notice of Filing Affidavit of
Brandon Faulkner in Support of Motion for Attorneys’ Fees (Dkt. 30). On June 3, 2013, the
Court granted Plaintiff’s Motion for Interpleader and Award of Attorneys’ Fees and ordered
Plaintiff to file an affidavit, setting forth its fees and costs and attaching any related time
sheets or invoices (Dkt. 27). Plaintiff’s Affidavit requests $5,835.00 for attorneys’ fees
incurred in this case and $693.70 in costs and expenses related to filing fees, service of
process, copying, and mailing. The Court concludes that the attorneys’ fees should be
reduced by $1,125.00, which represents the attorney time associated with the filing of the
amended complaint. The remaining fees and costs are reasonable.

It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff is awarded $5,403.70 for attorneys’ fees, costs, and expenses incurred
in connection with the filing of this case, which shall be paid forthwith from
the registry monies. See Prudential Ins. Co. v. Boyd, 781 F.2d 1494, 1498
(11th Cir. 1986) (noting: “The usual practice is to tax the costs and fees against
the interpleader fund”).

2.

The Clerk of Court shall make all the necessary steps to disburse from the
registry monies to Plaintiff’s counsel, Brandon Paul Faulkner and Charles
Wachter of Holland & Knight, LLP, at 100 N Tampa St - Ste 4100, PO Box
1288, Tampa, FL 33602, the amount of $5,403.70 for attorneys’ fees, costs,
and expenses.

DONE and ORDERED in Tampa, Florida on June 17, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2012\12-cv-1954.fees.wpd

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