Wallace v. Mathias et al

Filing 47

ORDER - The plaintiff's Motion for Interest, Attorney's Fees and Costs (filing 45 ) is granted. Pursuant to the award made in the Court's Judgment (filing 44 ), the plaintiff is awarded $28,920.64 in prejudgment interest, atto rney's fees in the amount of $9,015.00, and costs in the amount of $820.00, and those amounts are made part of that judgment. Ordered by Judge John M. Gerrard. (GJG) (Copy mailed to pro se party) Modified on 5/2/2013 add copy mailed (GJG).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROGER WALLACE,
Plaintiff,

4:12-CV-3011

vs.
ORDER
WILLIAM R. MATHIAS and
HERINGTON LIVESTOCK
MARKET, INC.,
Defendants.
This matter is before the Court on the plaintiff's Motion for Interest,
Attorney's Fees and Costs (filing 45). The plaintiff seeks $28,920.64 in
prejudgment interest, attorney's fees in the amount of $9,015.00, and costs in
the amount of $820.00. Filing 45. The defendants have not replied to the
motion, and thus have not objected to the plaintiff's calculation of interest or
his evidence of costs and attorney's fees.
For the reasons discussed in the Court's memorandum and order (filing
43) of March 21, 2013, the plaintiff is entitled to prejudgment interest from
August 9, 2000, until the date of judgment. As the defendants have not
objected to the plaintiff's determination of the amount due, the Court will
grant the plaintiff's request. See, Farmers Coop. Co. v. Senske & Son Transfer
Co., 572 F.3d 492, 501 (8th Cir. 2009); Schaefer v. Spider Staging Co., 275
F.3d 735, 740 (8th Cir. 2002). The Court has also reviewed the costs
requested by the plaintiff, and will grant that request, having found that the
costs are properly chargeable to the defendants, and again noting the
defendants' failure to object. See, Fed. R. Civ. P. 54(d)(1); NECivR 54.1; Smith
v. American Airlines, 414 F.3d 949, 954 (8th Cir. 2005); Martin v.
DaimlerChrysler Corp., 251 F.3d 691, 695-96 (8th Cir. 2001).
The Packers and Stockyards Act, 7 U.S.C. § 181 et seq., also provides
that upon prevailing in an enforcement action under the Act, a petitioner
"shall be allowed a reasonable attorney's fee to be taxed and collected as a
part of the costs of the suit." 7 U.S.C. § 210(f). This section authorizes the
award of legal expenses incurred as part of the cost of the suit in district
court to enforce the reparation order. Rowse v. Platte Valley Livestock, Inc.,
597 F. Supp. 1055, 1062 (D. Neb. 1984); see also Hays Livestock Comm'n Co.,
Inc. v. Maly Livestock Comm'n Co., Inc., 498 F.2d 925, 933 (10th Cir. 1974).

In support of his motion, the plaintiff has presented detailed records of the
hours spent on this enforcement action, and his attorneys' hourly rates.
Filing 46; see Farmers Coop. Co., 572 F.3d at 500. The Court, having
reviewed the record, finds those hours and hourly rates to be reasonable, and
will grant the plaintiff's request. See Farmers Coop. Co., 572 F.3d at 500; see
also NECivR 54.4.
IT IS ORDERED:
1.

The plaintiff's Motion for Interest, Attorney's Fees and
Costs (filing 45) is granted.

2.

Pursuant to the award made in the Court's Judgment
(filing 44), the plaintiff is awarded $28,920.64 in
prejudgment interest, attorney's fees in the amount of
$9,015.00, and costs in the amount of $820.00, and those
amounts are made part of that judgment.

Dated this 2nd day of May, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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