Branch Banking and Trust Company v. Crystal Centre, LLC et al

Filing 205

ORDER: Plaintiff's Motion for Attorney's Fees 200 is granted. The Clerk of Court is directed to enter a final judgment of attorney's fees in the amount of $2,827.10 in Plaintiff's favor and against Defendant Oswald P. Carrerou, for all of which let execution issue forthwith. This case shall remain closed. Signed by Judge James S. Moody, Jr. on 2/7/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

BRANCH BANKING AND TRUST
COMPANY, a North Carolina banking
corporation, as successor-in-interest to
Colonial Bank by asset acquisition
from the FDIC as Receiver for Colonial
Bank, successor by merger to Citrus and
Chemical Bank,
Plaintiff,
v.

Case No. 8:15-CV-1462-T-30AAS

CRYSTAL CENTRE, LLC, a Florida limited
liability company, OSWALD P. CARREROU,
individually, and DONALD K. STEPHENS,
individually,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Attorney’s Fees
(Dkt. 200). Defendant Oswald P. Carrerou failed to file any opposition to Plaintiff’s motion
during the applicable deadline. Upon consideration of the motion, the supporting affidavit,
and being otherwise advised in the premises, the Court grants the motion.
DISCUSSION
This case is in the post-judgment stage. In connection with its post-judgment
enforcement efforts, Plaintiff filed a motion for charging order against Carrerou’s interests
in certain limited liability companies. On January 5, 2017, the Court entered an Order

adopting the Magistrate Judge’s Report and Recommendation, in part, on Plaintiff’s motion
for charging order (the “Order”) (Dkt. 195). The Order noted that Plaintiff would be entitled
to recover the reasonable attorney’s fees that it incurred in connection with filing its motion
for charging order. Plaintiff’s motion now requests these fees in the amount of $2,827.10.
The Court concludes that Plaintiff’s fees incurred through October 31, 2016, in
connection with filing the motion for charging order, are reasonable. And, through his failure
to file any opposition to Plaintiff’s motion, Carrerou essentially concedes the reasonableness
of the requested fees.
It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion for Attorney’s Fees (Dkt. 200) is granted.

2.

The Clerk of Court is directed to enter a final judgment of attorney’s fees in
the amount of $2,827.10 in Plaintiff’s favor and against Defendant Oswald P.
Carrerou, for all of which let execution issue forthwith.

3.

This case shall remain closed.

DONE and ORDERED in Tampa, Florida on February 7, 2017.

Copies furnished to:
Counsel/Parties of Record

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