Zastrow et al v. Houston Auto Imports Greenway Ltd

Filing 219

FINAL JUDGMENT. Case terminated on April 7, 2016.(Signed by Judge Kenneth M. Hoyt) Parties notified.(chorace)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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Plaintiffs,
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VS.
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HOUSTON AUTO IMPORTS GREENWAY §
LTD d/b/a MERCEDES-BENZ OF HOUSTON §
GREENWAY, et al,
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Defendants.
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April 07, 2016
David J. Bradley, Clerk

MARK ZASTROW, et al,

CIVIL ACTION NO. 4:13-CV-0574

FINAL JUDGMENT
On March 7, 2016, the trial of this case began. The plaintiff, Mark Zastrow, appeared
individually and as the representative of Heights Autohaus, and through his attorney and
announced ready for trial. The defendant, Houston Auto M. Imports Greenway, Ltd. d/b/a
Mercedes-Benz of Houston Greenway, appeared in person through its representative, Mike Yale,
and through its attorney and announced ready for trial. The Court determines that it had
jurisdiction over the subject matter and the parties in this case and impaneled a jury that heard
the evidence and arguments of counsel. Thereafter, the Court submitted the case to the jury on
questions, definitions, and instructions. In response, the jury made findings that the Court
received, filed, and entered into the record. See [Dkt. No. 201].
Now the plaintiffs, Mark Zastrow and Heights Autohaus move for entry of judgment on
the verdict. The Court has considered the motion and finding the motion meritorious enters
judgment for the plaintiffs, Mark Zastrow and Heights Autohaus and enters judgment as follows:
(a)

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The Court orders that the plaintiffs, Mark Zastrow and Heights
Autohaus, recover the sum of $939.29, plus attorney fees and
costs, from the defendant, Houston Auto Imports Greenway, Ltd.
d/b/a Mercedes-Benz of Houston Greenway for violation of 42
U.S.C. §1981;

(b)

The plaintiffs, Mark Zastrow and Heights Autohaus, requested
attorney fees and costs in a motion with supporting affidavits under
42 U.S.C. §1988(b). The Court examined the record, determines
that the request is supported by law, and taking judicial notice of
the usual and customary attorney fees, determines a reasonable
attorney fees to be $110,000. The Court has entered an Order
ordering the defendant, Houston Auto M. Imports Greenway, Ltd.
d/b/a Mercedes-Benz of Houston Greenway to pay to plaintiffs,
Mark Zastrow and Heights Autohaus, for their attorney’s fees a
total of $110,000;

(c)

The plaintiffs, Mark Zastrow and Heights Autohaus, as prevailing
parties are entitled to recover taxable costs incurred in litigating
this dispute. Fed. R. Civ. P. 54(d)(1). Pursuant to Local Rules
Texas (S.D.), Rule 54.2. The plaintiffs filed a bill of costs, with
supporting affidavits and exhibits, concurrently with their motion
for attorney fees. The bill of costs includes costs allowed by law
under 28 U.S.C. §1920. The Court examined the record,
determines that the request is supported by law, and awards taxable
costs of $5,837.67 against the defendant. Houston Auto M.
Imports Greenway, Ltd. d/b/a Mercedes-Benz of Houston
Greenway;

(d)

The Court awards prejudgment interest on the sum at the annual
rate of 3%, compounded annually, to be paid from January 9,
2013, until the date of the entry of this judgment;

(e)

Finally, the Court awards post-judgment interest on all of the
above amounts allowable by law at the rate of 0.67% from the date
this judgment until the judgment is paid.

This is a FINAL JUDGMENT.
SIGNED on this 7th day of April, 2016.
___________________________________
Kenneth M. Hoyt
United States District Judge

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