Hagood et al v. Donn et al, No. 3:2011cv00139 - Document 52 (S.D. Tex. 2011)
Court Description: OPINION AND ORDER that Defendants request for an extension is DENIED; 43 Motion for Attorney Fees, Costs and Expenses Regarding Order Granting Partial Summary Judgment is GRANTED; and that Plaintiffs are AWARDED attorneys fees in the amount of $37,000.00 and costs and expenses in the amount of $613.63. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION GENE STUART HAGOOD, DOUGLAS ALFRED HAAAS, HA HA MEXICO, S. de R.L. de C.V. and GMH INVESTMENTS, L.L.C. VS. LEE DONN, PREMIER PARTNERS MEXICO, INC., S.A de C.V. and GLORIA ADRIANA CISNEROS BALDENEGRO § § § § § § § § § § § § CIVIL ACTION NO. G-11-139 OPINION AND ORDER Before the Court is Plaintiffs Motion for Attorneys Fees, Costs and Expenses Regarding Order Granting Partial Summary Judgment filed by Plaintiffs on October 3, 2011. On October 19, 2011, counsel of record for Defendants, Lee Donn, Premier Partners Mexico, Inc., S.A. de C.V. and Gloria Adriana Cisneros Baldenegro, filed a declaration in response to the Motion avering that he cannot communicate with his clients, requesting an unspecified extension of time to respond to the Motion, and reurging the Motion to Withdraw as Counsel for Defendants. On October 21, 2011, this Court granted the Motion to Withdraw and permitted A. Eli Galam and Peggy Bittick to withdraw as counsel of record for the Defendants. Having now reviewed Plaintiffs Motion and having considered the declaration of Randy E. Moore, Plaintiffs lead counsel, in support of Plaintiffs Motion for attorneys fees, the Court finds that Moore s hourly rate of $375.00 is a reasonable and customary rate; that the number of hours claimed by Moore is reasonable under the circumstances of this case; and that the relevant factors articulated in Johnson v. Georgia Highway Expressway, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974), do not require any adjustment of the lodestar. It is, therefore, ORDERED that the Defendants request for an extension is DENIED; that Motion for Attorneys Fees, Costs and Expenses Regarding Order Granting Partial Summary Judgment (Instrument no. 43) is GRANTED; and that Plaintiffs are AWARDED attorneys fees in the amount of $37,000.00 and costs and expenses in the amount of $613.63. DONE at Galveston, Texas, this 25th 2 day of October, 2011.
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