Propane Resources Supply and Marketing, L.L.C. v. G.J. Creel & Sons, Inc. et al

Filing 60

MEMORANDUM AND ORDER awarding fees to plaintiff in the amount of $2,025 jointly and severally against defendants C.J. Creel & Sons, Inc., Creel Oil Company, Inc., C.J. Creel, Inc., Creel Investments, Inc., Bucksville Farms, Inc., Luther Barefoot (individually) and Benjamin J. Creel (individually). Signed by District Judge J. Thomas Marten on 4/8/14. Mailed to pro se parties C.J. Creel & Sons, Inc., Creel Oil Company, Inc., C.J. Creel, Inc., Creel Investments, Inc., Bucksville Farms, Inc., Luther Barefoot, Benjamin J. Creel by regular mail. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

PROPANE RESOURCES SUPPLY AND
MARKETING, L.L.C.,
Plaintiff,
vs.

Case No. 12-2758-JTM

G.J. CREEL & SONS, INC., et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is before the court on the plaintiff’s Notice of Documented Fees and
Costs. The court directed submission of this Notice after granting plaintiff’s Motion to
Enforce Settlement (Dkt. 54), the court explicitly determining that defendants had failed
to comply with their settlement obligation to convey property by deed to plaintiff. The
court therefore concluded, pursuant to D.Kan.R. 7.4 and for good cause shown, that “[t]he
defendants have failed to present the promised Deed of Trust and are in breach of the
agreement.” (Dkt. 56). The court required delivery of the required deed with 20 days or
gave notice that additional sanctions may be imposed. The court also directed the plaintiff
to submit its statement as to its fees and costs.
The plaintiff seeks $2,025 in fees on a joint and several basis against the defendants.

The court has reviewed the plaintiff’s Notice and the supporting documentation, and
determines that the amount sought is fair and reasonable in light of all the circumstances
of the case, including the time expended, the nature of the work, the result obtained, and
the quality of the representation. The court further notes that defendants have failed to file
any objection to the Notice filed by plaintiff.
IT IS ACCORDINGLY ORDERED this 8th day of April, 2014, that the court hereby
awards fees to plaintiff in the amount of $2,025, jointly and severally, against defendants
G.J. Creel & Sons, Inc., Creel Oil Company, Inc., G.J. Creel, Inc., Creel Investments, Inc.,
Bucksville Farms, Inc., Luther Barefoot (individually), and Benjamin J. Creel (individually).

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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