Waterfurnace International Inc v. B&S Sheet Metal Mechanical Inc et al
Filing
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OPINION AND ORDER GRANTING 20 MOTION for Attorney Fees, Expenses, and Costs. WaterFurnace is ORDERED to file a status report by no later than 1/4/2016 in which it indicates whether it intends to proceed with the claims that remain at issue in this case. Signed by Judge Jon E DeGuilio on 12/1/15. cc: William Jackson (mc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
WATERFURNACE INTERNATIONAL,
INC.,
Plaintiff,
v.
B&S SHEET METAL MECHANICAL,
INC., et al.,
Defendants.
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Case No. 1:15-CV-008 JD
OPINION AND ORDER
Now before the Court is Plaintiff WaterFurnace International, Inc.’s motion for attorney’s
fees, expenses, and costs. [DE 20]. The Court previously granted a motion for default judgment
as to defendants B&S Sheet Metal Mechanical, Inc.; B&S Sheet Metal Mechanical, Inc. d/b/a
Jackson Geothermal HVAC and Drilling, LLC; and Jackson Geothermal HVAC and Drilling,
LLC (the “entity defendants”), but denied the motion as to two individual defendants. In that
order, the Court detailed the damages to be awarded pursuant to the default judgment, save for
the amount of attorneys’ fees, expenses, and costs, which WaterFurnace had not quantified in its
motion for default judgment. WaterFurnace has now submitted those amounts and supported
them with affidavits and billing records, and the defendants have not responded.
As discussed in the previous order, attorneys’ fees, costs, and expenses are awardable in
this action because the contract upon which the action is based specifically provides for the
recovery of such amounts incurred in collection of past due accounts. Stewart v. TT Commercial
One, LLC, 911 N.E.2d 51, 58 (Ind. Ct. App. 2009). WaterFurnace seeks a total award of
$7,541.17 on this basis, which includes $3,178.50 in attorney fees for services provided by
attorney Richard DeLaney (16.3 hours at $195.00 per hour); $3,510.00 in attorney fees for
services provided by attorney Adrian L. Halverstadt III (23.4 hours at $150.00 per hour);
$520.00 in fees for services provided by a private process server; $151.67 for postage, copies,
long-distance calls, and mileage; and $181 in court costs to initiate this matter in state court. The
affidavits and billing records corroborate that those fees and costs were actually incurred, and the
Court finds the amounts are reasonable. Accordingly, the Court GRANTS the motion [DE 20]
and will award those additional amounts as part of the default judgment against the entity
defendants.
Finally, the Court again notes that the default judgment only resolves the claims against
the entity defendants; this action remains pending as to the claims against the individuals.
WaterFurnace has not moved for entry of a partial final judgment as to the entity defendants
under Rule 54(b), nor has it taken any action relative to the individual defendants since the denial
of the motion for default judgment as to those defendants. Accordingly, WaterFurnace is
ORDERED to file a status report by no later than January 4, 2016 in which it indicates whether it
intends to proceed with the claims that remain at issue in this case.
SO ORDERED.
ENTERED: December 1, 2015
/s/ JON E. DEGUILIO
Judge
United States District Court
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