Portales Place Property, LLC v. Guess et al

Filing 86

ORDER granting 80 Motion for Attorney Fees. Signed by Senior Judge Graham Mullen on 3/9/2009. (klg)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION Case No.: 3:08-cv-143

PORTALES PLACE PROPERTY, LLC, Plaintiff, v. MARIO GUESS a/k/a JERRY DEMARIO GUESS a/k/a J.D. GUESS a/k/a JERRY D. GUESS, LIGNA ACQUISITION GROUP, LLC, and THP ESCROW SERVICES CORP., Defendants. ORDER FOR ATTORNEYS' FEES AND COSTS

T h is matter is before the Court on the Motion of Plaintiff Portales Place Property, LLC ("Plaintiff") for an O r d e r taxing Plaintiff's costs and reasonable attorneys' fees, against Defendants Mario Guess a/k/a Jerry Demario G u e s s a/k/a J.D. Guess a/k/a Jerry D. Guess ("Guess") and Ligna Acquisition Group, LLC ("Ligna"). This Court, h a v i n g reviewed and considered all matters of record, finds and declares as follows: 1. G u e ss and Ligna willfully engaged in a fraudulent scheme to obtain money from Plaintiff which

a m o u n t s to a violation of N.C. Gen. Stat. § 75-1.1; 2. G u e s s and Ligna's complete failure and refusal to participate in this litigation and blatant disregard

f o r the orders of this Court amount to an unwarranted refusal to fully resolve the matters which constitute the basis o f this suit; and 3. B a s e d upon the time and labor expended, the skill required to perform the services rendered, the

c u sto m a r y fees for like work, and the experience of Plaintiff's attorneys, the attorney's fees are reasonable. I t is therefore ORDERED and DECREED that an attorney fee in the amount of $ 166,976.50 shall be taxed a g a in s t Guess and Ligna pursuant to N.C. Gen. Stat. § 75-16.1 and costs in the amount of $4230.83 shall be taxed a g a i n s t Guess and Ligna pursuant to 28 U.S.C. § 1920.

SO ORDERED.

Signed: March 9, 2009