American Contractors Indemnity Company v. One Source Builders, Inc. et al

Filing 48

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that American Contractors Indemnity Companys Motion for Attorneys Fees (ECF No. 47 ) is GRANTED and attorneys fees are awarded in the amount of Ten Thousand Three Hundred Sixty-Eight Dollars and Sixty-One Cents ($10,368.61). Signed by Magistrate Judge Terry I. Adelman on 4/9/14. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
AMERICAN CONTRACTORS
INDEMNITY COMPANY,
Plaintiff,
v.
ONE SOURCE BUILDERS, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 4:11CV2128 TIA

MEMORANDUM AND ORDER
This matter is before the Court on American Contractors Indemnity Company’s Motion
for Attorney’s Fees (ECF No. 47). The parties consented to the jurisdiction of the undersigned
pursuant to 28 U.S.C. § 636(c).
On October 24, 2013, the Court granted Plaintiff’s Motion for Summary Judgment and
entered Judgment in favor of Plaintiff American Contractors Indemnity Company and against
Defendants One Source Builders, Inc. and Jeffrey Nations. Thereafter, on November 17, 2013,
Plaintiff filed the present Motion for Attorney’s Fees, requesting Ten Thousand Three Hundred
Sixty-Eight Dollars and Sixty-One Cents ($10,368.61) for attorney’s services provided in
litigating this action. In support, Plaintiff has attached an Affidavit from John C. Yi, the Vice
President, Bond Claims Director for HCC Surety Group, the entity responsible for administering
claims made against bonds issued by Plaintiff. (Aff. of John C. Yi, ECF No. 47-1) Plaintiff has
also attached copies of invoices from, and checks payable to, its attorney in the total amount of
$10,368.61. (ECF No. 47-2) Defendants have not filed a response, and the time for doing so
has expired.

The undersigned finds that Plaintiff is entitled to reimbursement of attorney’s fees under
section 2.6 of the General Indemnity Agreement. (ECF No. 1-1) Therefore, the Court will grant
Plaintiff’s Motion for Attorney’s Fees.
Accordingly,
IT IS HEREBY ORDERED that American Contractors Indemnity Company’s Motion
for Attorney’s Fees (ECF No. 47) is GRANTED and attorney’s fees are awarded in the amount
of Ten Thousand Three Hundred Sixty-Eight Dollars and Sixty-One Cents ($10,368.61).

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this 9th

day of April, 2014.

2