Fisk Electric Company v. Woodrow Wilson Construction Company, Inc. et al

Filing 111

ORDER ADOPTING REPORT AND RECOMMENDATIONS 105 . Accordingly, IT IS ORDERED that: (1) Plaintiff Fisk Electric Company's motion for attorneys' fees (Rec. Doc. 88) be and hereby is GRANTED IN PART and DENIED IN PART; and (2) that Plaintiff Fisk Electric Company be and hereby is awarded attorneys' fees in the amount of $55,920.00 from Defendant Woodrow Wilson Construction Company, Inc., as stated within document. Signed by Judge Kurt D. Engelhardt on 6/29/2015.(cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FISK ELECTRIC COMPANY

CIVIL ACTION

VERSUS

NO. 13-86

WOODROW WILSON CONSTRUCTION COMPANY, INC.
and HANOVER INSURANCE COMPANY

SECTION "N" (1)

ORDER
The Court has carefully considered the Report and Recommendation of the United
States Magistrate Judge (Rec. Doc. 105), Defendant Woodrow Wilson Construction Company, Inc.'s
Objections to the Report and Recommendation (Rec. Doc. 106), Plaintiff Fisk Electric Company's
response thereto (Rec. Doc. 110), the remainder of the record in this matter, and applicable law.
Concurring with, and finding no error in, the result reached by the United States Magistrate Judge
relative to the appropriate amount of attorney's fees to be awarded to Plaintiff, the Court hereby
approves the Report and Recommendation of the United States Magistrate Judge and adopts it as
its opinion in this matter.
In short, the Court finds Defendant's objections to the Report and Recommendation
fail to acknowledge that Louisiana Revised Statute 9:2784 (C) imposes liability for all reasonable
attorney's fees incurred "for the collection of the payments due the subcontractors and suppliers,"
rather than limiting such an award to a particular stage of the litigation. See La. R.S. 9:2784 (C).
Further, the Court is not persuaded that the percentage discount applied by the Magistrate Judge
insufficiently accounts for the lack of segregation of certain attorney time expenditures between
Plaintiff's subcontract claim and Plaintiff's "delay" claim.

Accordingly, IT IS ORDERED that: (1) Plaintiff Fisk Electric Company's motion
for attorneys’ fees (Rec. Doc. 88) be and hereby is GRANTED IN PART and DENIED IN PART;
and (2) that Plaintiff Fisk Electric Company be and hereby is awarded attorneys’ fees in the amount
of $55,920.00 from Defendant Woodrow Wilson Construction Company, Inc.
New Orleans, Louisiana, this 29th day of June 2015.

_______________________________________
KURT D. ENGELHARDT
United States District Judge