KeyBank National Association v. Nielsen et al

Filing 144

ORDER Granting 126 Motion for Attorney Fees. Signed by Judge Philip M. Pro on 2/18/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4

UNITED STATES DISTRICT COURT
5

DISTRICT OF NEVADA
6

***
7
8
9
10
11
12
13
14
15
16
17

)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
LAWRENCE J. WINNERMAN, an
)
individual; SANFORD B. WINNERMAN, )
an individual; and WW CENTENNIAL
)
HILLS, LLC, a Delaware limited liability )
company,
)
)
Defendants.
)
)
OREO CORP., an Ohio corporation as
successor-in-interest to KEYBANK
NATIONAL ASSOCIATION,

2:10-cv-00352-PMP-VCF
ORDER

Before the Court for consideration is Plaintiff’s fully briefed Motion for

18

Attorneys’ Fees and Costs (Doc. #126). By this motion, Plaintiff seeks an award of

19

attorneys’ fees in the amount of $358,834.14 and an award of additional costs of $22,051.87

20

that are not included as taxable costs in the Bill of Costs filed December 18, 2013.

21

In their Response (Doc. #134) Defendants argue that Plaintiff is not entitled to

22

recover the entire amount of un-taxed costs requested. In particular, Defendants argue that

23

under 28 U.S.C. Sections 1821 and 1920,they should not be assessed $19,363.69 for expert

24

witness fees which Plaintiff’s claim in the form of non-taxable costs. Defendants fruther

25

argue that Plaintiffs are not entitled to recover $237.00 in publication and Recorder’s office

26

costs, $112.09 for lunches, or $986.50 in messenger fees. For the reasons set forth

1

Defendants’ Response, the Court agrees and will reduce the award of non-taxable costs to

2

Plaintiffs by those amounts.

3

Defendants further argue that Plaintiff should not be entitled to recover an award

4

of all of the attorneys’ fees it seeks because Plaintiff failed to recover all sums sought by

5

their Complaint. The Court finds, however, that Plaintiffs are the prevailing parties and

6

hence are is to fully recover reasonable attorneys’ fees. However, the Court agrees that

7

Plaintiff should not be able to recover as attorneys’ fees the sum of $3,291.10 for work

8

performed as Trustee in this case, nor should Plaintiff recover the sum of $2,802.00

9

incurred as a result of the substitution of former Defendant Frank Nielsen’s estate and

10

actions relating to probate proceedings. Neither are Plaintiffs entitled to recover $16,235.10

11

in attorneys’ fees relating to the settlement of Plaintiff’s claims against former Defendants

12

Robert Schulman and the Estate of Frank Nielsen. The Court finds, however, the remaining

13

attorneys’ fees and costs sought by Plaintiff are reasonable and must be awarded.

14

IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorneys’

15

Fees and Costs (Doc. #126) is GRANTED to the extent that Plaintiff shall be entitled to

16

recover from Defendants within thirty (30) days of the date of this Order the sum of

17

$336,505.94 as and for attorneys’ fees, and the additional sum of $1,353.59 as and for non-

18

taxable costs.

19

Dated: February 18, 2014.

20
21
22

PHILIP M. PRO
United States District Judge

23
24
25
26
2