Opinion
No. 4:17-cv-549-DPM
05-06-2019
SIMMONS BANK, TRUSTEE OF THE HEARTLAND BANK LIQUIDATING TRUST U/I/D MARCH 8, 2018 PLAINTIFF v. FIRST CAPITAL VICTORIA LLC; FIRST CAPITAL JOURDANTON LLC; FIRST CAPITAL HOBBS LLC; FIRST CAPITAL REAL ESTATE INVESTMENTS LLC; FIRST CAPITAL REAL ESTATE ADVISORS LP; and SUNEET SINGAL DEFENDANTS
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.
/s/_________
D.P. Marshall Jr.
United States District Judge
6 May 2019