Top Pearl v. COSA Freight, Inc., et al.

Filing 106

ORDER GRANTING 105 MOTION to Amend order and final judgment. (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TOP PEARL, LTD .,
Plaintiff,
v.
COSA FREIGHT , INC., et al.,
Defendants.

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CIVIL ACTION H-10-1249

O RDER
Pending before the court is plaintiff Top Pearl’s motion to amend the court’s order and final
judgment. Dkt. 105. No opposition has been filed because the remaining defendants have defaulted
in this action. This court granted default judgment against James Reilly d/b/a Warehouse
Management Group, Karla Soria, and Alberto Bonilla in favor of plaintiff on October 9, 2013, and
awarded damages based on plaintiff’s claims for breach of contract, conversion, negligence, and
bailment. Dkt. 103.
Plaintiff moved for an award of attorney’s fees, but was ordered by the court to provide
additional support for its claim for attorney’s fees in order to discharge its burden to show that the
fees sought were reasonable and segregate the amount of attorney’s fees attributable to each
defendant and/or claim. Id. Plaintiff submitted its counsel’s billing statements on October 17, 2013,
reflecting the hourly rate and time expended by its attorney in prosecuting this action against the
various defendants. Dkt. 105, Ex. 1. After reviewing plaintiff’s counsel’s affidavit and billing
statements, the court will award plaintiff $26,408.00 as reasonable attorney’s fees for the prosecution
of this case. The fees will be assessed against the defaulted defendants as follows:

(1) Top Pearl is awarded $8,576.00 against defendant, Karla Soria, as the reasonable and
necessary attorney’s fees incurred in the prosecution of this case;
(2) Top Pearl is awarded $8,126.00 against defendant, Alberto Bonilla, as the reasonable and
necessary attorney’s fees incurred in the prosecution of this case; and
(3) Top Pearl is awarded $9,706.00 against defendant, James Reilly d/b/a Warehouse
Management Group, as the reasonable and necessary attorney’s fees incurred in the prosecution of
this case.
Accordingly, plaintiff’s motion amend the court’s order and final judgment (Dkt. 105) is
GRANTED. Plaintiff is awarded attorney’s fees as set forth in this order.
Signed at Houston, Texas on October 24, 2013.

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Gray H. Miller
United States District Judge

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