North Pointe Casualty Insurance Company v. Bema Block et al

Filing 108

ORDER requiring plaintiff to file documents in support of fees and expenses request in 71 Plaintiff's MOTION for Default Judgment (Final)Plaintiff's MOTION for Attorney Fees Plaintiff's MOTION to Tax Costs filed by North Pointe Casualty Insurance Company. Signed by Magistrate Judge John J. O'Sullivan on 1/15/2013. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 12-20964-CIV-COOKE/O’SULLIVAN
NORTH POINTE CASUALTY
INSURANCE COMPANY,
Plaintiff,
v.
BEMA BLOCK, et al.,
Defendants.
_________________________/
ORDER

THIS MATTER is before the Court on the Plaintiff North Pointe Insurance
Company’s Motion for Final Default Judgment as it Pertains to Defendant Bema Block
(DE# 71, 11/8/12). On December 5, 2012, United States District Judge Marcia Cooke
entered a Default Judgment (DE# 88, 12/5/12) against defendant Bema Block pursuant
to the instant motion. In that Default Judgment (DE# 88), Judge Cooke noted that:
Plaintiff may be entitled to recover from Bema Block attorneys fees and
expenses related to the defense of Bema Block in the underlying actions.
Plaintiff shall submit evidence to show that it is entitled to receive
attorneys fees and expenses related to the defense of Bema Block in the
underlying actions as well as an accounting of the fees and expenses.
Default Judgment (DE# 88 at 2, 12/5/12). The undersigned has reviewed the docket
and it does not appear that the plaintiff has submitted any documents or evidence
supporting its request for fees and expenses from Bema Block. Accordingly, it is
ORDERED AND ADJUDGED that on or before Friday, February 15, 2013, “the
Plaintiff shall submit evidence to show that it is entitled to receive attorneys fees and
expenses related to the defense of Bema Block in the underlying actions as well as an
accounting of the fees and expenses” as required by the Default Judgment (DE# 88).

“[E]ven in the absence of a response from the Defendants, the Court has a duty to
ensure the Plaintiff’s request for attorneys fees is reasonable.” Barrera v. Officina, Inc.,
No. 10-21382-CIV, 2012 WL 692212, at *1 (S.D. Fla. Mar. 2, 2012), citing Hensley v.
Eckerhart, 461 U.S. 424, 433-434 (1983). The plaintiff shall promptly provide a copy
of this Order to Bema Block and file a notice of compliance with the Court.
DONE AND ORDERED in Chambers at Miami, Florida this 15th day of January,
2013.

JOHN J. O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
United States District Judge Cooke
All Counsel of Record

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