Opinion
Civil Action No. H-00-702
September 24, 2002
ORDER
Pending before the Court is the Plaintiff's Motion for Attorney's fees and Bill of Costs ( Instrument No. 60).
Cooper is entitled to an award of reasonable attorney's fees as the Plaintiff in interpleader under 28 U.S.C. § 1335, § 1397 and § 2361. This Court has discretion to award costs and attorney's fees to a plaintiff in interpleader under federal law. See Corrigan Dispach Co. v. Casa Guzman, S.A., 696 F.2d 359, 364 (5th Cir. 1983). That discretion permits the Court to award larger fees in unusual or complex cases requiring more than a perfunctory appearance by the stakeholder. In an interpleader action the trial court may, in the exercise of its discretion to award fees, consider:
. . . a number of factors: 1) whether the case is simple or involved; 2) whether the stakeholder performed any unique services for the claimants or the court; 3) whether the stakeholder acted in good faith and with diligence; 4) whether the services rendered benefitted the stakeholder; and 5) whether the claimants improperly protracted the proceedings.Wright Miller, Federal Practice Procedure — Civil § 1719, "Costs and Attorney's Fees" (citations omitted). In this case, each of these factors distinguishing the ordinary from the unusual interpleader action are present.
ACCORDINGLY, it is ORDERED that Plaintiff recover from Defendant their legal fees and costs incurred in the preparation and trial of this case in the amount of $7,500.
The Clerk shall enter this Order and provide a copy to all parties.