Veltheim v. International Bodytalk Association, Inc. et al

Filing 67

ORDER: Defendants' Motion for Prevailing Parties' Attorneys' Fees and Non-Taxable Costs (Doc. # 66 ) is GRANTED in the amount of $136,060.03 as an unopposed Motion. Signed by Judge Virginia M. Hernandez Covington on 2/3/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CHRISTOPHER VELTHEIM,
Plaintiff,
v.

Case No. 8:16-cv-298-T-33JSS

INTERNATIONAL BODYTALK ASSOCIATION,
INC., JOHN VELTHEIM, and ESTHER
VELTHEIM,
Defendants.
________________________________/
ORDER
This cause comes before the Court pursuant to Defendants
International Bodytalk Association, Inc., John Veltheim, and
Esther Veltheim’s Motion for Prevailing Parties’ Attorneys’
Fees and Non-Taxable Costs (Doc. # 66), which was filed on
January

19,

2017.

Defendants

prevailed

at

the

summary

judgment stage and the Court entered Judgment in favor of
Defendants on January 5, 2017. (Doc. # 65).

Defendants’

Motion for Attorneys’ Fees and Non-Taxable Costs is timely
filed under Federal Rule of Civil Procedure 54 and Local Rule
4.18, M.D. Fla.

Defendants support the Motion with the Sworn

Declaration of Cameron Kenneth Dean, Esq. (Doc. # 66-1).
In the Motion, Defendants explain that they have incurred
$225,645.03 in legal fees and non-taxable costs.

This amount

is specifically comprised of $179,170.00 in attorneys’ fees
and

$46,475.03

in

non-taxable

costs.

In

the

Motion,

Defendants explain that under the “Australian Rule” they are

entitled to between 50% - 60% of their claimed attorneys’ fees
and are entitled to 100% of the non-taxable costs. (Doc. # 66
at ¶ 3).
Plaintiff Christopher Veltheim had an opportunity to
respond to the Motion, but he failed to do so.

Local Rule

3.01(b), M.D. Fla. states: “Each party opposing a motion or
application shall file within fourteen (14) days after service
of the motion or application a response that includes a
memorandum of legal authority in opposition to the request,
all of which the respondent shall include in a document not
more than twenty (20) pages.” Based on Plaintiff’s failure to
respond to the Motion, the Court finds that Plaintiff does not
oppose the relief sought in the Motion. The Court accordingly
grants the Motion as follows. The Court awards Defendants 50%
of the claimed attorneys’ fees in the amount of $89,585.00
($179,170/2 = $89,585).

The Court awards Defendants 100% of

the non-taxable costs in the amount of $46,475.03.

The total

recovery

costs

for

attorneys’

fees

and

non-taxable

is

$136,060.03.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendants’ Motion for Prevailing Parties’ Attorneys’
Fees and Non-Taxable Costs (Doc. # 66) is GRANTED in the
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amount of $136,060.03 as an unopposed Motion.
DONE and ORDERED in Chambers in Tampa, Florida, this 3rd
day of February, 2017.

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