HICA EDUCATION LOAN CORPORATION v. ULETT

Filing 16

OPINION. Signed by Judge William J. Martini on 10/11/12. (gh, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Civ. No. 2:11-cv-00434 (WJM)

HICA EDUCATION LOAN
CORPORATION,
Plaintiff,

OPINION

v.
AVRIL L. ULETT,
Defendant.

WILLIAM J. MARTINI, U.S.D.J.:
Plaintiff HICA Education Loan Corporation (“HICA”) filed this action against
Defendant Avril L. Ulett, a/k/a Avril L. Ulett Atwell, seeking a judgment against
Defendant for an unpaid student loan. On September 10, 2012, the Court entered
judgment in favor of Plaintiff and against Defendant. This matter comes before the Court
on Plaintiff’s motion for attorneys’ fees and costs pursuant to Federal Rule of Civil
Procedure 54. The motion is unopposed. There was no oral argument. Fed. R. Civ. P.
78(b). For the reasons set forth below, Plaintiff’s motion is GRANTED.
Under Local Civil Rule 54.2, attorneys’ fees may be awarded to a prevailing party
in federal litigation only where authorized by statute, court rule, or contract. L. Civ. R.
54.2 cmt. 2. The promissory note that forms the basis of Plaintiff’s claims in this case
provides, “I promise to pay to the Student Loan Marketing Association, or a subsequent
holder of this Promissory Note (‘Lender’), all sums disburse (hereafter ‘loan’) under the
terms of this Note to discharge my prior loan obligations, plus interest and other fees
which may become due as provided in this Note. If I fail to make payments on this Note
when due, I will also pay reasonable collection costs, including attorneys’ fees, court
costs, and late fees.” See Compl. Ex. 1, ECF No. 1. Because Defendant contractually
agreed to pay collection costs to Plaintiff in this case, an award of reasonable attorneys’
fees and costs is warranted.
Plaintiff requests that it be awarded attorneys’ fees in the amount of $6,450.00 and
costs in the amount of $450.00. In support of its request, Plaintiff attaches several
supporting exhibits in accordance with Local Civil Rules 54.1(b) and 54.2(a). The Court
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has reviewed the supporting exhibits and is satisfied that the number of hours worked, the
billing rates, and the costs sought are reasonable. Accordingly, Plaintiff’s motion for
attorneys’ fees and costs is GRANTED, and Plaintiff is awarded $6,450.00 in attorneys’
fees and $450.00 in costs. An appropriate order follows.
/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.
Date: October 11, 2012

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