Ally Bank v. Lenox Financial Mortgage Corporation

Filing 85

ORDER granting 71 Motion for Attorney Fees; granting 82 Motion for Attorney Fees (Written Opinion) Signed by Senior Judge David S. Doty on 2/23/2018. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 16-2387(DSD/DTS)
Ally Bank,
Plaintiff,
v.

ORDER

Lenox Financial Mortgage Corporation,
Defendant.
Thomas M. Schehr, Esq., Kristina Kaluza, Esq. and Dykema
Gossett, PLLC, 4000 Wells Fargo Center, 90 South Seventh
Street, Minneapolis, MN, counsel for plaintiff.
Sharon R. Markowitz, Esq. and Stinson Leonard Street LLP, 150
South 5th Street, Suite 2300, Minneapolis, MN, counsel for
defendant.
This matter is before the court upon the motion for attorney’s
fees, interest, and costs by plaintiff Ally Bank. The court
previously granted Ally’s motion for summary judgment and ordered
Ally to submit to the court a calculation of interest, costs, and
attorney’s fees.1

See ECF No. 70.

Based upon Ally’s submissions, the court finds that Ally’s
damages amount to $1,361,891.74 plus, as of February 23, 2018,
prejudgment interest totaling $431,497.01.2

Further, based on a

review of the file, record, and proceedings herein, the court finds

1

Defendant Lenox Financial Mortgage Corporation did not file
a reply or notice of no reply to Ally’s motion as ordered by the
court. See ECF No. 70 at 9.
2

The court applies a six-percent prejudgment interest rate.
See ECF No. 70 at 8 n.4.

that

Ally’s

request

of

$178,810.05

in

attorney’s

fees

and

$14,381.43 in costs is reasonable under these circumstances.
Accordingly, IT IS HEREBY ORDERED that:
1.

Ally’s motion for attorney’s fees, interest, and costs

[ECF Nos. 71, 82] is granted;
2.

Judgment shall be entered in favor of Ally Bank and

against Lenox Financial Mortgage Corporation in the amount of
$1,986,580.23 consisting of $1,361,891.74 in damages, $431,497.01
in

prejudgment

interest,

$178,810.05

in

attorney’s

fees,

and

$14,381.43 in costs; and
3.

The case is dismissed.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 23, 2018
s/David S. Doty
David S. Doty, Judge
United States District Court

2