Bryant et al v. Sagamore Insurance Company

Filing 148

ORDER by Judge Ronald A. White granting defendant's motion for attorney fees (Re: 122 MOTION for Attorney Fees ) (lal, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
Kelly Bryant and Hollie Bryant,
Plaintiffs,
v.

Case No. 13-CIV-240-RAW

Sagamore Insurance Company,
Defendant.
ORDER
Before the court is Defendant's Application for Attorneys Fees and Non-Taxable
Costs [Docket No. 122]. Judgment was entered on April 23, 2014 granting Defendant's
motion for summary judgment. In its Order dated August 28, 2014, the court granted in
part the motion for attorneys fees and non-taxable costs, and directed Defendant to
provide detailed time records. [Docket No. 140]. Those records have been received and
filed [Docket No. 142].
In Defendant’s Supplement [Docket No. 147], Defendant states “Sagamore’s
counsel is authorized to state that Plaintiffs stipulate to the reasonableness of Sagamore’s
counsels’ hourly rates and amount of time spent by Sagamore’s counsel.” [Docket No.
147, Page 1]. Additionally, in a letter dated September 10, 2014, Defendant lowered the
requested amount of attorney fees from $80,894.00 to $78,642.00 [Docket No. 142].
The court has determined that it has “sufficient knowledge to make a decision
without a hearing based on its experience with the case, and briefs and affidavits
submitted by the parties.” Michael A. Cramer, MAI, SRPA, Inc. v. United States, 47

F.3d 379, 383 (10 th Cir. 1995).
The Tenth Circuit Court of Appeals has discussed what factors a court should
consider when calculating a reasonable attorney fee. Those four factors are:
1.
2.
3.
4.

What attorney services were performed;
Which services were necessary;
The value of the necessary services; and,
What a reasonable fee for the services would be.

Gamble v. Simmons & Co. v. Kerr-McGee Corp., 175 F.3d 762, 774 (10 th Cir. 1999).
The court has carefully considered these four criteria, and is familiar with the time
necessary for litigation and the billing rates in this community. The court concludes that
the counsels’ hourly rates as well as the amount of time spent are reasonable and were
necessary.
It is the order of the court that the motion of the Defendant for attorney fees
[Docket No. 122] is granted. Defendant is granted reasonable attorney fees in the amount
of $78,642.00 against Plaintiffs. Further, Defendant is granted $410.43 in non-taxable
costs.
Dated this 20th day of October, 2014.

Dated this 20th day of October, 2014.

J4h4i0