Remy & Associates, L.L.C. v. Whole Foods Market, Inc.

Filing 25

ORDER AWARDING ATTORNEY FEES AND COSTS re 24 Motion for Attorney Fees. Signed by District Judge Gerald E. Rosen. (RGun)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
REMY & ASSOCIATES, L.L.C.,
Case No. 10-11085
Plaintiff,
Hon. Gerald E. Rosen
v.
WHOLE FOODS MARKET GROUP, INC.,
Defendant.
____________________________/
ORDER AWARDING ATTORNEY FEES AND COSTS
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on
April 5, 2012
PRESENT: Honorable Gerald E. Rosen
Chief Judge, United States District Court
In a ruling issued on February 2, 2012, the Sixth Circuit Court of Appeals affirmed
this Court’s dismissal of Plaintiff’s claims,1 and remanded the case to this Court for an
award of the attorney fees and costs incurred by Defendant in the appellate phase of this
litigation.2 Following this remand, Defendant has filed a motion seeking an award of
$14,875 in attorney fees and $429.41 in costs, for a total award of $15,304.41. Plaintiff

1

The order of dismissal and accompanying judgment were issued by Judge Anna Diggs
Taylor, and the case was then reassigned to the undersigned Judge for disposition of Defendant’s
post-judgment motion for an award of attorney fees and costs.
2

As noted in the Court’s prior order awarding Defendant its fees and costs incurred in
securing the dismissal of Plaintiff’s claims, the basis for such an award in this case rests upon a
term in the parties’ lease that authorizes an award of reasonable attorney fees and costs to the
prevailing party.

has not responded to this motion, and the time for doing so has passed.
Having reviewed Defendant’s motion, the accompanying affidavit of counsel and
supporting invoices, and the record as a whole, the Court is satisfied that Defendant’s
present request for fees and costs is reasonable under the circumstances, and reflects
appropriate amounts of attorney time spent and expenses incurred in the course of
Plaintiff’s appeal. Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant’s February 27,
2012 motion for award of attorneys’ fees and costs (docket #24) is GRANTED. IT IS
FURTHER ORDERED that Defendant is awarded, and Plaintiff is directed to pay,
$14,875.00 in attorney fees and $429.41 in costs, for a total of $15,304.41.
SO ORDERED.

s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: April 5, 2012
I hereby certify that a copy of the foregoing document was served upon counsel of record
on April 5, 2012, by electronic and/or ordinary mail.
s/Ruth A. Gunther
Case Manager

2