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Simmons Bank v. First Capital Victoria LLC, 4:17-cv-549-DPM. (2019)

Court: District Court, E.D. Arkansas Number: infdco20190507643 Visitors: 8
Filed: May 06, 2019
Latest Update: May 06, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Simmons Bank seeks attorneys' fees and costs from the judgment debtors. Singal and the First Capital entities on the hook promised in the loan-related documents to reimburse Heartland Bank for all costs and expenses incurred in connection with a default on the debt, including lawyers' fees. N o 81-22 at 6 ; N o 81-26 at 9. Arkansas law provides for reasonable fees to a prevailing party in a contract case, and Simmons Bank prevailed here.
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ORDER

Simmons Bank seeks attorneys' fees and costs from the judgment debtors. Singal and the First Capital entities on the hook promised in the loan-related documents to reimburse Heartland Bank for all costs and expenses incurred in connection with a default on the debt, including lawyers' fees. No 81-22 at 6; No 81-26 at 9. Arkansas law provides for reasonable fees to a prevailing party in a contract case, and Simmons Bank prevailed here. ARK. CODE ANN. § 16-22-308; Baptist Health v. Smith, 536 F.3d 869, 873 (8th Cir. 2008). The fees incurred by Simmons Bank were at reasonable hourly rates and in a reasonable amount, especially as trimmed in the request. The judgment debtors do not oppose the request. No 121. The Court grants the motion, No 115, as modified. Under FED. R. CIV. P. 54(d)(1) and 28 U.S.C. § 1920, the $1,590.90 deposition fee for Singal's testimony and the $7.08 for copies are taxable costs. The other deposition-related travel expenses are not. Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437, 445 (1987). But, Arkansas lawyers routinely bill clients for necessary travel; Singal insisted on being deposed in New York; and the parties' agreements are broad enough to cover these out-of-pocket dollars. The Court therefore adds them to the fee. The Court awards Simmons Bank reasonable attorneys' fees of $78,979.75 plus $3,094.05 in costs. Suneet Singal, First Capital Victoria, First Capital Jourdanton, First Capital Hobbs, and First Capital Real Estate Investments owe Simmons Bank a total of $82,073.80 more.

So Ordered.

Source:  Leagle

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