Branch Banking and Trust Company v. Fugett et al
Filing
29
MEMORANDUM OPINION AND ORDER granting 28 MOTION by Branch Banking and Trust Company for Attorney's Fees in the amount of $21,240.76. Signed by Judge Robert C. Chambers on 12/20/2016. (cc: counsel of record and Defendant Ralph F. Fugett, Jr.) (mkw)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
BRANCH BANKING AND TRUST COMPANY,
a North Carolina Banking Corporation,
Plaintiff,
v.
CIVIL ACTION NO. 3:16-4962
RALPH F. FUGETT, JR.
Defendant.
MEMORANDUM OPINON AND ORDER
This action was brought by Plaintiff Branch Banking and Trust Company (BB&T)
to collect on three Promissory Notes executed by Ralph F. Fugett, Jr. and Lisa Fugett. As Mr.
Fugett never answered nor appeared in this matter, the Court entered default against him on July
22, 2016. ECF No. 13.1 Upon motion of BB&T, the Court thereafter entered default judgment
against Mr. Fugett on September 2, 2016. ECF No. 23. However, the Court denied without
prejudice BB&T’s request for an award of $18,317.48 in attorneys’ fees2 because the information
in support of BB&T’s motion was insufficient. Id.
1
BB&T and Ms. Fugett stipulated that the action against her be voluntarily dismissed with
prejudice. ECF No. 27.
Contractual provisions in each Promissory Note provide that “[i]f this Note is placed with
an attorney for collection, the undersigned agrees to pay, in addition to principal and interest, all
costs of collection, including but not limited to reasonable attorneys’ fees incurred by the Bank, if
permitted by law.” ECF No. 1-1, at 3; 1-5, at 3; and 1-8, at 3. The Promissory Notes indicate they
were obtained for business and commercial purposes. Id. at 1.
2
On October 10, 2016, BB&T renewed its Motion for Attorney’s Fees against Mr.
Fugett and attached an affidavit by counsel and an itemized bill. ECF No. 28. In this motion, it
requests a total of $21,240.76 in attorneys’ fees and costs. Upon review of the itemized billing
statement and the affidavit, the Court finds that the costs and the lodestar calculation—the number
of hours spent and the hourly rate charged—are reasonable. See Beattie v. CMH Homes, Inc., Civ.
Act. No. 3:12-2528, 2015 WL 4163337, at *2 (S.D. W. Va. July 9, 2015) (stating “the Court must
calculate the lodestar by multiplying the ‘hours reasonably expended on the litigation . . . by a
reasonable hourly rate’” (quoting Hensley v. Eckhart, 461 U.S. 424, 433 (1983)). Accordingly, the
Court GRANTS BB&T’s Motion for Attorney’s Fees and costs in the amount of $21,240.76. ECF
No. 28.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record
and Defendant Ralph F. Fugett, Jr.
ENTER:
-2-
December 20, 2016
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