Castleberry v. Daimler Chrysler Truck Financial et al

Filing 94

ORDER Requiring Supplemental Exhibit re: 92 MOTION for Attorney Fees and Costs filed by Daimler Chrysler Truck Financial, signed by Magistrate Judge R. Steven Whalen. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DOMINIC CASTLEBERRY,
CIVIL ACTION NO. 10-11460
Plaintiff,
DISTRICT JUDGE ROBERT H. CLELAND
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
DAIMLER CHRYSLER TRUCK
FINANCIAL “aka” CHRYSLER
FINANCIAL SERVICES AMERICAS,
LLC,
Defendant.
______________________________/
ORDER REQUIRING SUPPLEMENTAL EXHIBIT

On April 2, 2013, Defendant Daimler Chrysler Truck Financial “aka” Chrysler
Financial Services Americas, LLC (“Defendant”) filed a motion for attorney fees and costs
pursuant to the terms of Plaintiff Dominic Castleberry’s August, 2007 finance agreement and
Fed R. Civ. P. 54(d)(2). Docket #92. Defendant submitted an affidavit and exhibits showing
invoices for “legal services rendered in pursuing and defending [same] litigation” for $108,
845.77 in attorney fees and $420.77 in costs.” Id., Exhibit 1 ¶7. However, the invoices do
not demarcate between work performed defending Plaintiff’s claims (brought under Fair
Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681e(b), 1681s-2, and Michigan Collection
Practices Act (“MCPA”), M.C.L. § 445.251 et seq.) and Defendant’s counterclaim for breach
of contract.
Within seven days, Defendant will provide this Court with a breakdown of fees and

costs showing the portions attributable to (1) defense of the original claims, and (2) pursuit
of the counterclaim for breach of contract.
IT IS SO ORDERED

Dated: September 16, 2013

s/R. Steven Whalen
R. STEVEN WHALEN,
U.S. MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record on
September 16, 2013, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable R. Steven Whalen