Balfour Beatty Rail, Inc v. Kansas City Southern Railway Company

Filing 130

ORDER: The court determines that the 127 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Balfour Beatty Rail, Inc.'s objections, grants Defendant's Motion for Award of Attorneys' Fees (Doc. 106 ), and awards Kansas City Southern Railway Company $969,934.33 in reasonable attorney's fees. (Ordered by Judge Sam A Lindsay on 11/16/2016) (trk)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BALFOUR BEATTY RAIL INC.,
Plaintiff,
v.
THE KANSAS CITY SOUTHERN
RAILWAY COMPANY,

Defendant.

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Civil Action No. 3:10-CV-1629-L

ORDER
Before the court is Defendant’s Motion for Award of Attorneys’ Fees (Doc. 106), filed April
7, 2016. On October 28, 2016, Magistrate Judge Irma Carrillo Ramirez entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending
that the court grant Defendant’s Motion for Award of Attorneys’ Fees and award Defendant The
Kansas City Southern Railway Company (“KCSR” or “Defendant”) $969,934.33 for attorney’s fees
as the prevailing party, plus $100,000 for contingent appellate attorney’s fees if Defendant is
successful on appeal. In its objections to the Report, Plaintiff Balfour Beatty Rail, Inc. (“Balfour”
or “Plaintiff”) contends that Defendant is not entitled to recover attorney’s fees because it is not a
prevailing party. The court disagrees.
After considering the motion, file, Report, and record in this case, and conducting a de novo
review of that portion of the Report to which objection was made, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the court.
Accordingly, the court overrules Balfour’s objections, grants Defendant’s Motion for Award of
Order - Page 1

Attorneys’ Fees (Doc. 106), and awards KSCR $969,934.33 in reasonable attorney’s fees. KCSR
is also awarded $100,000 in contingent appellate attorney’s fees if it succeeds on appeal to the
United States Court of Appeals for the Fifth Circuit.
KCSR is entitled to and shall recover postjudgment interest on the award of $969,934.33 at
the current federal rate of .70%. KCSR shall recover postjudgment interest on the award of
$100,000 only if it prevails at the appellate level. Postjudgment interest with respect to the $100,000
award shall not accrue until all appeals to the Fifth Circuit become final. Postjudgment interest on
the award of $100,000 shall accrue at the then-applicable federal rate.
The court notes that Plaintiff made no specific objection to Defendant’s request for
contingent attorney’s fees regarding an appeal to the Fifth Circuit when Defendant’s motion for
attorney’s fees was pending before the magistrate judge or when it made its objections to the Report.
Thus, Plaintiff has waived its right to object to the $100,000 award of contingent appellate attorney’s
fees, assuming, of course, that Defendant prevails in any appeal to the Fifth Circuit.
It is so ordered this 16th day of November, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order - Page 2