Trustees of the National Elevator Industry Pension Plan v. AAA Elevator, LLC, 13-MC-2408. (2019)
Court: District Court, E.D. Louisiana
Number: infdco20191122b95
Visitors: 4
Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: ORDER AND REASONS MARTIN L.C. FELDMAN , District Judge . Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in opposition to a motion be filed eight days prior to the noticed submission date. No memoranda in opposition to the plaintiffs' motion for costs of collection and attorney fees, noticed for submission on November 20, 2019, has been submitted. Accordingly, because the motion is unopposed, and further, it appearing to the Court that the motion has merit, 1 I
Summary: ORDER AND REASONS MARTIN L.C. FELDMAN , District Judge . Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in opposition to a motion be filed eight days prior to the noticed submission date. No memoranda in opposition to the plaintiffs' motion for costs of collection and attorney fees, noticed for submission on November 20, 2019, has been submitted. Accordingly, because the motion is unopposed, and further, it appearing to the Court that the motion has merit, 1 IT..
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ORDER AND REASONS
MARTIN L.C. FELDMAN, District Judge.
Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in opposition to a motion be filed eight days prior to the noticed submission date. No memoranda in opposition to the plaintiffs' motion for costs of collection and attorney fees, noticed for submission on November 20, 2019, has been submitted.
Accordingly, because the motion is unopposed, and further, it appearing to the Court that the motion has merit,1 IT IS ORDERED: the plaintiffs' motion for costs of collection and attorney fees is hereby GRANTED as unopposed. IT IS FURTHER ORDERED: that the plaintiffs are hereby awarded attorney fees, expenses, and costs in the amount of $35,786.63, the amount incurred by the plaintiffs in connection with the execution of the judgment.
FootNotes
1. The plaintiffs seek to recover additional costs and attorney fees accrued in connection with collection efforts undertaken to execute the foreign judgment in this case. In their efforts to collect the amounts owed under the default judgment, since reopening the matter on June 29, 2017, the plaintiffs represent that they have accrued $35,786.63 in attorney fees, expenses, and costs. They submit that the Court may exercise its discretion to award these additional attorney fees and costs, which are recoverable under ERISA. The defendants have not responded and therefore do not contest either whether fees are recoverable nor the support offered for the amount requested. The plaintiffs' application is supported by sworn evidence and billing documents detailing the amount requested and the Court finds that the plaintiffs may recover $35,786.63.
Source: Leagle
