Hartline Dacus Barger Dreyer LLP v. Hoist Liftruck Mfg Inc

Filing 18

Order Accepting 17 Findings and Recommendations re: 6 Motion to Set Aside Default, filed by Hoist Liftruck Mfg Inc. The court grants Defendant's Amended Motion for Relief from Default Judgment; denies as moot Defendant's Alte rnative Motion to Amend or Alter Judgment; and sets aside the Final Default Judgment issued by the state court on April 29, 2016, provided that Defendant pays Plaintiff its reasonable attorney's fees and costs incurred and associated with obt aining the default against Defendant and in responding to Defendants Motion for Relief from Default Judgment. Plaintiff shall file its motion for attorneys fees and costs incurred in obtaining and defending the default judgment, with supporting documentation, no later than 5:00 p.m. on February 7, 2017. (Ordered by Judge Sam A Lindsay on 1/25/2017) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HARTLINE DACUS BARGER
DREYER LLP,
Plaintiff,
v.
HOIST LIFTTRUCK MFG., INC.,
Defendant.

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Civil Action No. 3:16-CV-1174-L

ORDER
Before the court is Defendant’s Amended Motion for Relief from Default Judgment or, in
the Alternative, Motion to Amend or Alter Judgment (Doc. 6), filed May 17, 2016. On January 6,
2017, United States Magistrate Judge Renee Harris Toliver entered the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge (“Report”), recommending that
Defendant’s motion be granted conditioned upon Defendant reimbursing Plaintiff for the costs it
incurred as a result of the default. No objections were filed to the Report.
Having reviewed the motion, record, Report, and applicable law, the court determines that
the findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Defendant’s conduct necessarily caused Plaintiff to incur attorney’s fees and costs in
obtaining a default and in responding to Defendant’s Motion for Relief from Default Judgment.
Under these facts, the court determines that Defendant should pay Plaintiff its reasonable
attorney’s fees and costs associated with obtaining the default and responding to Defendant’s
Motion for Relief from Default Judgment.

Order – Page 1

Accordingly, the court grants Defendant’s Amended Motion for Relief from Default
Judgment; denies as moot Defendant’s Alternative Motion to Amend or Alter Judgment; and sets
aside the Final Default Judgment issued by the state court on April 29, 2016, provided that
Defendant pays Plaintiff its reasonable attorney’s fees and costs incurred and associated with
obtaining the default against Defendant and in responding to Defendant’s Motion for Relief from
Default Judgment. Further, Plaintiff shall file its motion for attorney’s fees and costs incurred in
obtaining and defending the default judgment, with supporting documentation, no later than 5:00
p.m. on February 7, 2017. The parties shall meet and confer regarding the reasonable amount of
fees and costs expended by Plaintiff in obtaining the default judgment from state court and
defending it in district court.

If the parties cannot agree, then the court will assess the

reasonableness of the fees requested. The parties are strongly admonished to reach a resolution on
the amount and reasonableness of attorney’s fees and costs, as “[a] request for attorney’s fees
should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983).
The submission for fees may be filed under seal.
It is so ordered this 25th day of January, 2017.

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Sam A. Lindsay
United States District Judge

Order – Page 2