Wells Fargo Financial Leasing Inc v. Piggie Park Enterprises Inc

Filing 34

ORDER ON ATTORNEY'S FEES directing that the total amount due from defendant to Wells Fargo under the terms of the lease, including past due amounts and interest, is $113,990.75 with attorneys fees and costs in the amount of $15,534.89. Signed by Honorable Joseph F Anderson, Jr on 02/24/10. (bshr, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION W e lls Fargo Financial Leasing, Inc., ) ) P l a in tif f , ) ) vs. ) ) P ig g ie Park Enterprises, Inc., d/b/a ) M a u ric e 's Gourmet Barbeque Pit-Stop, ) ) D e f e n d a n t. ) ________________________________ ) C / A No.: 3:09-1752-JFA

O R D E R ON ATTORNEY'S FEES

B y order dated February 5, 2010 ("Order"), the court granted the motion of plaintiff W e lls Fargo Financial Leasing, Inc. ("Wells Fargo") for summary judgment. The Order d i re c te d Wells Fargo to file an affidavit of the lease amounts remaining due under the lease a g re e m e n t in question, including interest, costs and reasonable attorneys' fees, so that a final o rde r could be issued on the total amount due to Wells Fargo by defendant Piggie Park E n ter p rise s, Inc., d/b/a Maurice's Gourmet Barbeque Pit-Stop. Pursuant to the Order, Wells F a rg o filed a memorandum on February 12, 2010, with supporting affidavits of the amounts f ro m Peter G. Sullivan and William D. Britt, Jr., Esq. The Order provided an opportunity for d e f en d a n t to lodge its objection to the fees by a filing within seven days of the filing of the a f f id a v it. Defendant's deadline to file a objection was February 19, 2010. Defendant has failed to file an objection to the fees memorandum, therefore the court a p p ro v e s the amount sought by Wells Fargo without objection. The total amount due from d e f en d a n t to Wells Fargo under the terms of the lease, including past due amounts and

interest, is One Hundred Thirteen Thousand Nine Hundred Ninety and 75/100 Dollars ($ 1 1 3 ,9 9 0 .7 5 ). The total amount of reasonable attorneys' fees and costs incurred by Wells F a rg o in the prosecution of its claims and in the defense of defendant's counterclaims is F ifteen Thousand Five Hundred Thirty-four and 89/100 Dollars ($15,534.89). Therefore, the to t a l amount of damages incurred by Wells Fargo, including past due lease payments, in te re st, reasonable attorneys' fees and costs is One Hundred Twenty-nine Thousand Five H u n d re d Twenty-five and 64/100 Dollars ($129,525.64), which amount the court approves a s the judgment to be entered in this case. This action is dismissed with prejudice. However, the court reserves jurisdiction to e n f o rc e the judgment entered in this case. IT IS SO ORDERED.

F eb rua ry 24, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge