The Mehner Family Trust et al v. U.S. Bank National Association et al

Filing 112

ORDER that each of the defendants is jointly and severally liable to Kozeny & McCubbin, L.C. for sanctions in the amount of $6,544.50, which represent attorney fees Kozeny & McCubbin reasonably incurred in preparing its Motion to Dismiss. Ordered by Judge Robert F. Rossiter, Jr. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THE MEHNER FAMILY TRUST;
RAYMOND H. MEHNER; MARK A.
MEHNER; ANDREA L. MEHNER;
ANTHONY Q. MEHNER; and
DANIELLE N. MEHNER,

8:16CV367
ORDER

Plaintiffs,
vs.
U.S. BANK NATIONAL ASSOCIATION;
KOZENY & MCCUBBIN, L.C.; WELLS
FARGO BANK, N.A.; and REO ASSET
MANAGEMENT COMPANY LLC,
Defendants.
This matter is before the Court on defendant Kozeny & McCubbin, L.C.’s
(“K&M”) Motion for Sanctions (Filing No. 96). In an August 3, 2017, Memorandum and
Order, the Court granted K&M’s Motion, allowing K&M to recover, as sanctions,
attorney fees related to preparing its Motion to Dismiss (Filing No. 32). Each of the
named plaintiffs and Christopher Pfanstiel (“Pfanstiel”), the plaintiffs’ attorney primarily
responsible for the sanctionable filings, would be jointly and severally liable for any
attorney fees awarded. The Court gave K&M fourteen days to submit affidavits and a
statement of costs and fees related to preparing its Motion to Dismiss. The named
plaintiffs and Pfanstiel were given seven days after K&M’s filing to respond to the
calculated sums.
On August 17, 2017, K&M filed two affidavits (Filing Nos. 109-1 and 109-2) as
well as a statement of costs and fees (Filing No. 109-3). Plaintiff Raymond H. Mehner
responded on August 23, 2017 (Filing No. 110), and Pfanstiel on August 24, 2017 (Filing
No. 111). The Court has reviewed K&M’s statement of costs and fees as well as the

responses of Raymond H. Mehner and Pfanstiel. 1 Some entries are duplicative and others
are not sufficiently related to preparing the Motion to Dismiss. After deducting those
amounts, the Court determines the appropriate amount of attorney fees is $6,544.50. This
amount and the rates charged are reasonable.
Accordingly, each of the defendants is jointly and severally liable to K&M for
sanctions in the amount of $6,544.50, which represent attorney fees K&M reasonably
incurred in preparing its Motion to Dismiss.
IT IS SO ORDERED.
Dated this 30th day of August, 2017.
BY THE COURT:
s/ Robert F. Rossiter, Jr.
United States District Judge

1

The majority of the responses are arguments against the award of sanctions and
not the amount of the sanctions.
2