McKimmey Electric, Inc v. Flamingo/TC, LLC et al

Filing 117

ORDER Awarding Interest, Costs and Attorney's Fees. See Order for details. Signed by Judge Philip M. Pro on 9/7/10. (Copies have been distributed pursuant to the NEF - ECS)

Case 2:10-cv-00382-PMP-RJJ Document 116 CHRISTOPHER R. McCULLOUGH, ESQ. Nevada Bar # 1138 McCULLOUGH, PEREZ & ASSOCIATES, LTD. 601 South Rancho Drive, #A-10 Las Vegas, Nevada 89106 [phone] FAX [phone]

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Attorneys for Plaintiffs, McKIMMEY ELECTRIC, INC, and Lien Claimants, LDI Mechanical, Inc., Chaparral Contracting, Inc., and San Gabriel Construction, Inc.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEVADA McKIMMEY ELECTRIC, INC., a Nevada Corporation, Plaintiff, v. FLAMINGO/TC, LLC, a Nevada limited Liability company; IOTA INDIGO, LLC, a Nevada limited liability company; HIGHLAND DEVELOPMENT CO. dba WESTMARK HOMES, a Nevada corporation; FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for AMTRUST BANK f/k/a OHIO SAVINGS BANK, a federal savings bank; ASPEN FINANCIAL SERVICES, LLC, a Nevada limited liability company; and DOES 1-500 inclusive, Defendants. _____________________________________ AND RELATED INTERVENTION ACTIONS _____________________________________ ORDER AWARDING INTEREST, COSTS AND ATTORNEY'S FEES Plaintiff's Motion for Interest, Costs and Attorney's Fees having come on before this Court and the Court having reviewed the Motion, Opposition and Reply thereto, as well as all

CASE NO. 2:10-cv-00382

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Case 2:10-cv-00382-PMP-RJJ Document 116

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exhibits attached thereto, and having heard the argument of counsel, the Court FINDS that the attorney's fees charged by Plaintiff's counsel were reasonable both in their hourly rate, and the total fees expended. The Court notes that, as acknowledged by counsel at the hearing, there was a two-hour inadvertent overbilling which amount is deducted from the specific award set forth herein. The Court further FINDS that due to the nature and complexity of the case, the results obtained and the experience of Plaintiff's counsel both the hourly rate requested for attorney's fees, and the contingency requested for attorney's fees are reasonable. The Court further FINDS that statutory interest is due on the Plaintiff's various mechanic's liens from the date each amount was due to the lien claimants as set forth in Plaintiff's Reply Brief. Based upon the foregoing, it is hereby ORDERED, ADJUDGED and DECREED, That McKimmey Electric, Inc., recover the sum of ONE HUNDRED FORTY-EIGHT THOUSAND TWO HUNDRED FIFTY-SIX AND 02/100 DOLLARS ($148,256.02) in attorney's fees,
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the sum of SEVEN THOUSAND SIX HUNDRED FIFTY-SIX AND 02/10

DOLLARS ($7,656.02) in costs and the sum of ONE HUNDRED FOURTEEN THOUSAND SIX HUNDRED SIXTY-SEVEN AND 03/100 DOLLARS ($114,667.03) in pre-judgment interest. It is further ORDERED, ADJUDGED and DECREED that San Gabriel Construction, Inc. is awarded SEVENTY THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND 35/100 DOLLARS ($70,578.35) in attorney's fees, EIGHT HUNDRED FORTY-EIGHT AND 62/100 DOLLARS ($848.62) in costs, and pre-judgment interest in the amount of SEVENTY-SEVEN THOUSAND FORTY-NINE AND 75/100 DOLLARS ($77,049.75).
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This amount is two hours less than requested in Plaintiff's Motion. 2 of 5

Case 2:10-cv-00382-PMP-RJJ Document 116

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It is further ORDERED, ADJUDGED and DECREED that LDI Mechanical, Inc. is awarded FORTY THOUSAND THREE HUNDRED FIFTY-EIGHT AND 62/100 DOLLARS ($40,358.62) in attorney's fees, NINE HUNDRED FIFTY-THREE AND 35/100 DOLLARS ($953.35) in taxable costs, and pre-judgment interest in the amount of SEVENTY-THREE THOUSAND FOUR HUNDRED FIFTY-ONE AND 39/100 ($73,451.39). It if further ORDERED, ADJUDGED and DECREED that Chaparral Contracting, Inc., is awarded TWO HUNDRED SEVENTY-THREE THOUSAND TWO HUNDRED SEVENTYFIVE AND 05/100 DOLLARS ($273,275.05) in attorney's fees, EIGHT HUNDRED TWENTYSIX AND 29/100 DOLLARS ($826.29) in taxable costs, and pre-judgment interest in the amount of SEVENTY-THREE THOUSAND SIX HUNDRED TWENTY-NINE AND 17/100 DOLLARS ($73,629.17). It is further ORDERED, ADJUDGED and DECREED that all of the amounts awarded herein, together with the amounts awarded to the lien claimants in the Order granting Plaintiff's Motion for Partial Summary Judgment, shall bear statutory interest until satisfied. DATED: September 7, 2010. _____________________________________ PHILIP M. PRO UNITED STATES DISTRICT JUDGE RESPECTFULLY SUBMITTED:

McCULLOUGH & ASSOCIATES, LTD. By: /s/ Christopher R. McCullough CHRISTOPHER R. McCULLOUGH, ESQ. Nevada Bar # 1138 601 S. Rancho Drive, #A-10 Las Vegas, Nevada 89106 Attorneys for Plaintiffs, McKIMMEY ELECTRIC, INC, and Lien Claimants, LDI Mechanical, Inc., Chaparral Contracting, Inc., and San Gabriel Construction, Inc.

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Case 2:10-cv-00382-PMP-RJJ Document 116

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PROOF OF SERVICE I hereby certify that I am a citizen of the United States and am employed in Clark County, where this mailing occurs. I am over the age of eighteen years and not a party to the within entitled action; my business address is 601 So. Rancho Drive, #A-10, Las Vegas, NV 89106. On April 20, 2010, I served the document described as ORDER AWARDING INTEREST, COSTS AND ATTORNEY'S FEES, on the interested party(ies) in this action as follows: Randal D. Shimon, Esq. Mark A. Smith, Esq. Shimon & Smith, PC 4175 S. Riley Street, Ste. 102 Las Vegas, NV 89147 Email: [e-mail] Attorneys for Defendant AmTrust Bank f/k/a Ohio Savings Bank Donald Williams, Esq. Williams & Wiese 612 S. 10th Street Las Vegas, NV 89101 Email: [e-mail] Attorneys for Lien Claimant The A.C. Houston Lumber Company David J. Winterton, Esq. David J. Winterton & Assoc. 211 N. Buffalo Dr., Ste A Las Vegas, NV 89145 Email: [e-mail] Attorneys for Lien Claimant Bricker Construction Becky A. Pintar, Esq. Gibbs, Giden, Locher, Turner & Senet LLP 3993 Howard Hughes Pkwy., Ste. 530 Las Vegas, NV 89169 Email: [e-mail] Attorneys for Lien Claimant The Masonry Group Nevada, Inc. ///// ///// 4 of 5 Wade B. Gochnour, Esq. Howard & Howard Attorneys, P.C. 3800 Howard Hughes Pkwy., Ste. 1400 Las Vegas, NV 89169 Email: [e-mail] Attorneys for Lien Claimant Statewide Fire Protection D. Shane Clifford, Esq. Robin E. Perkins, Esq. Dixon, Truman, Fisher & Clifford, PC 221 No. Buffalo Drive, Ste. A Las Vegas, NV 89145 Email: [e-mail] Attorneys for Lien Claimant Pacific Coast Supply, LLC David A. Stephens, Esq. Stephens Gourley & Bywater 3636 No. Rancho Drive Las Vegas, NV 89130 Email: [e-mail] Attorneys for Lien Claimants Offsite Development, Inc.

Case 2:10-cv-00382-PMP-RJJ Document 116 Christopher H. Byrd, Esq. Fennemore Craig, PC 300 S. Fourth St., Ste. 1400 Las Vegas, NV 89101 Email: [e-mail] Attorneys for Dean & Dunn Roofing, LLC Eleissa C. Lavelle, Esq. Duane Morris LLP 100 North City Parkway, Ste 1560 Las Vegas, NV 89106 Email: [e-mail] Attorneys for FDIC as Receiver for Amtrust Bank Via U.S. Mail Only Gerald Wade Donaldson Total Sign Systems 3021 S. Valley View, #108 Las Vegas, NV 89102 Lien Claimant

Filed 09/07/10 Page 5 of 5 Brian K. Berman, Esq. Brian K. Berman, Chtd. 721 Gass Avenue Las Vegas, NV 89101 Email: [e-mail] Attorneys for Southwest Iron Works, LLC Gus W. Flangas, Esq. Flangas McMillan Law Group 3275 S. Jones Blvd., Ste. 105 Las Vegas, NV 89106 Email: [e-mail] Attorneys for Norpac Construction, LLC

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BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Las Vegas, NV, in the ordinary course of business. BY ELECTRONIC SERVICE: I served a true copy, with all exhibits, electronically on designated recipients via electronic transmission of said document(s) as provided under Federal Rules of Civil Procedure.

/s/ Willa Pettice Employee of McCullough, Perez & Associates, Ltd.

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