Ace Oilfield Rentals LLC v. Western Dakota and Fabrication LLC et al

Filing 124

ORDER granting 123 Ace Oilfield Rentals, LLCs Application of Evidence for Reasonable Attorneys Fees and Costs. Defendant Doug Kerkvliet shall pay $4,522.93 to Plaintiff by delivery of check or other appropriate form of payment to Plaintiffs attorneys within 30 days of the date of this Order. Signed by Judge Timothy D. DeGiusti on 9/29/2021. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ACE OILFIELD RENTALS, LLC,
Plaintiff,
v.
WESTERN DAKOTA WELDING
AND FABRICATION, LLC,
DOUG KERKVLIET,
TUCKER PANKOWSKI, and
WESDAK WELDING AND
DIESEL, LLC,
Defendants.

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Case No. CIV-15-672-D

ORDER
Before the Court is Plaintiff Ace Oilfield Rentals, LLC’s Application of Evidence
for Reasonable Attorneys’ Fees and Costs [Doc. No. 123]. The Court previously granted
Plaintiff’s motion to compel and renewed motion to compel seeking to compel a deposition
and complete discovery responses from Defendant Doug Kerkvliet, and ordered an award
of reasonable attorney fees and expenses upon separate application [Doc. No. 122]. By the
instant Application, Plaintiff requests an award of $4,175.50 in fees and $347.43 in costs.
This amount represents 20.1 hours of attorney time at hourly rates of $240 and $185. The
Application is supported by the declaration of Plaintiff’s attorney regarding his firm’s work
on discovery matters related to Plaintiff’s motions to compel. Mr. Kerkvliet made no timely
response to the Application. See LCvR7.1(g). For this reason, and because the Application
presents a reasonable request, the Court finds that the Application should be granted.

The lodestar method, which involves multiplying the number of attorney hours
reasonably expended by a reasonable hourly rate, is an “acceptable approach” to
determining a reasonable amount of attorney fees to be awarded. Farmer v. Banco Popular
of N. Am., 791 F.3d 1246, 1259 (10th Cir. 2015). Importantly, the trial court’s
determination of fees need not be exacting, and “should not result in a second major
litigation.” Fox v. Vice, 563 U.S. 826, 838 (2011) (internal quotation omitted).
The Court finds that the amount of time spent on Plaintiff’s motions to compel and
the hourly rates of counsel are reasonable and appropriate. Accordingly, the amount of
reasonable attorney fees to be awarded is $4,175.50 and the amount of reasonable expenses
is $347.43, for a total award of $4,522.93.
IT IS THEREFORE ORDERED that Plaintiff Ace Oilfield Rentals LLC’s
Application of Evidence for Reasonable Attorneys’ Fees and Costs [Doc. No. 123] is
GRANTED, as set forth herein. Defendant Doug Kerkvliet shall pay $4,522.93 to Plaintiff
by delivery of check or other appropriate form of payment to Plaintiff’s attorneys within
30 days of the date of this Order.
IT IS SO ORDERED this 29th day of September, 2021.