Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Atlantic Tower Services, Inc. v. Axis Teknologies, LLC

United States District Court, D. South Carolina, Columbia Division

September 4, 2019

ATLANTIC TOWER SERVICES, INC., Plaintiff,
v.
AXIS TEKNOLOGIES, LLC, and AXIS TEKNOLOGIES SOUTH CAROLINA, LLC, Defendants.

          MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS

          MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This is a motion for attorney's fees arising from an alleged breach of the settlement agreement executed between Plaintiff Atlantic Tower Services, Inc. (Atlantic Tower) and Defendants Axis Teknologies, Inc. and Axis Technologies South Carolina, LLC (Axis Defendants). The court has jurisdiction over this matter under 28 U.S.C. § 1332. Pending before the Court is Atlantic Tower's motion for attorneys' fees (Atlantic Tower's motion). ECF No. 97. Having carefully considered Atlantic Tower's motion, the response, the reply, the sur reply, Atlantic Tower's supplement, Axis Defendants' reply to the supplement, Atlantic Tower's sur reply to Axis Defendants' reply, the record, and the applicable law, it is the judgment of the Court Atlantic Tower's motion will be granted.

         II. FACTUAL AND PROCEDURAL HISTORY

         The parties entered into a settlement agreement following mediation on January 21, 2019. ECF No. 71. The settlement agreement required the Axis Defendants to pay $250, 000, beginning with a $25, 000 payment due on or before March 1, 2019, followed by thirty equal monthly installments in the amount of $7, 500 beginning on or before April 1, 2019, until the amount was paid in full. ECF No. 76 at 1. The settlement agreement also called for the execution of a Confession of Judgment in the amount of $275, 00 as security for payment under the terms of the settlement agreement. Id. The Confession of Judgment was held in trust by counsel for Atlantic Tower unless and until the Axis Defendants defaulted on their obligations under the settlement agreement. Id. After the Axis Defendants defaulted on their payment due on April 1, 2019, Atlantic Tower filed a motion to reopen this case (motion to reopen) to file the Confession of Judgment. Id.

         After the parties fully briefed Atlantic Tower's motion to reopen, the Court held a hearing and subsequently granted Atlantic Tower's motion to reopen for the purpose of filing the Confession of Judgment. The Axis Defendants then filed a motion to alter or amend this Court's order granting Atlantic Tower's motion to reopen, which this Court denied. Atlantic Tower filed a motion to enter judgment pursuant to the fully executed Confession of Judgment and a motion for attorney's fees in the amount of $13, 100.50. The Axis Defendants responded, Atlantic Tower replied, and the Axis Defendants filed a sur reply. The Court granted Atlantic Tower's motion to enter judgment pursuant to the Confession of Judgment and directed Atlantic Tower to file an itemized bill for its motion for attorney's fees. After judgment was entered in favor of Atlantic Tower, counsel for Atlantic Tower filed a supplement detailing their bill, the Axis Defendants replied, and Atlantic Tower filed a sur reply. The Court, having been fully briefed on the relevant issues, is now prepared to discuss the merits of Atlantic Tower's motion for attorney's fees.

         III. STANDARD OF REVIEW

         The decision of whether to grant an award of attorney's fees lies within a district court's discretion. Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235, 243 (4th Cir. 2009). “In calculating an award of attorney's fees, a court must first determine a lodestar figure by multiplying the number of reasonable hours expended times a reasonable rate.” Id. (citing Grisson v. The Mills Corp., 549 F.3d 313, 320 (4th Cir. 2008). In determining what constitutes a reasonable number of hours and a reasonable rate, a court should consider these twelve factors:

(1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney's opportunity costs in pressing the instant litigation; (5) the customary fee for like work; (6) the attorney's expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit arose; (11) the nature and length of the professional relationship between attorney and client; and (12) attorneys' fees awards in similar cases.

Id. at 243-44 (citation omitted).

         IV. CONTENTIONS OF THE PARTIES

         Atlantic Tower contends it is entitled to recover $13, 100.50 in attorney's fees and costs incurred in moving to reopen this case, filing the confession of judgment and responding to the Axis Defendants' opposition in this process. In support of its motion, Atlantic Tower provided an affidavit of one of their attorneys, Mary McDonald Campolong (Ms. Campolong), a time and expense report outlining the hours Ms. Campolong, two partners at her firm, Beth Richardson and Paul Hoefer, and three paralegals expended in filing their motions and responding to the Axis Defendants' opposition.

         The Axis Defendants argue Atlantic Tower's motion for attorney's fees should be denied because “[Atlantic Tower] requests an unreasonable amount in fee's for actions that were inherently unnecessary.” ECF No. 101 at 1. In the alternative, the Axis Defendants requests the Court reduce the amount of any attorney's fees award to a “reasonable figure.” Id.

         V. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.