Heritage Home for Funerals Inc. v. Heritage Cremation Provider, LLC

Filing 73

ORDER AWARDING ATTORNEYS' FEES. Signed by U.S. District Judge Karen E. Schreier on 7/17/19. (SKK) Modified on 7/17/2019 sent to Heritage Cremation Provider, LLC (SKK).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
HERITAGE HOME FOR FUNERALS
INC.,
Plaintiff,
vs.

4:17-CV-04086-KES

ORDER AWARDING ATTORNEYS’
FEES

HERITAGE CREMATION PROVIDER,
LLC,
Defendant.
Plaintiff, Heritage Home for Funerals, Inc., moves for an award of
attorneys’ fees in the amount of $21,894.50. Docket 54. Defendant, Heritage
Cremation Provider, LLC, objects to 15 hours of the claimed attorneys’ fees
totaling $2,540.00 in dispute. Docket 62. Defendant also objects to any award
of attorneys’ fees that would be imposed against Anthony “AJ” Damiano.
The court finds that plaintiff is entitled to an award of attorneys’ fees
because this is an exceptional case under the Lanham Act. 15 U.S.C. § 1117(a).
It is a case where the defendant’s unlawful conduct was willful and deliberate.
See First Nat’l Bank in Sioux Falls v. First Nat’l Bank S.D., 679 F.3d 763, 771
(8th Cir. 2012). Plaintiff alleged in the complaint that defendant acted
intentionally and willfully. Because defendant defaulted and failed to respond
to the complaint, the court accepts this as having been proved. Additionally,
during the subsequent hearings on the motion to hold defendant in contempt

and enforce the judgment, the evidence presented supported the conclusion
that defendant acted intentionally and willfully. As a result, the modified
default judgment provided that “defendant must pay Heritage’s reasonable
attorneys’ fees in an amount to be determined through affidavits or declaration
to be submitted by Heritage’s counsel within 14 days[.]” Docket 53.
In determining an award of attorneys’ fees, the court should consider the
twelve factors identified by the Eighth Circuit in Winter v. Cerro Gordo County
Conservation Board, 925 F.2d 1069, 1073 n.8 (8th Cir. 1991). The court has
considered all the factors and finds that an award of $20,000.00 in attorneys’
fees is reasonable based on the nature of tasks performed herein, the efforts of
defendant to avoid compliance with the original judgment, the novelty of the
questions involved in the litigation, and the experience and ability of the
attorneys involved. Such an amount is also consistent with awards in similar
cases. It should also be noted that this judgment is entered only against the
defendant in this case, Heritage Cremation Provider, LLC. Thus, it is
ORDERED that plaintiff’s request for an award of attorneys’ fees (Docket
54) is granted. Judgment will be entered against Heritage Cremation Provider,
LLC in the amount of $20,000.00.
Dated July 17, 2019.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE