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Avalanche Equipment, LLC v. Williams-Southern Co.

United States District Court, D. Colorado

June 11, 2015

AVALANCHE EQUIPMENT, LLC, Plaintiff,
v.
WILLIAMS-SOUTHERN CO., LLC, Defendant.

ORDER

NINA Y. WANG, Magistrate Judge.

This matter comes before the court on the Affidavit of Tom Wilson in Support of Interest Calculation ("Interest Application") [#58] filed by Plaintiff Avalanche Equipment, LLC ("Plaintiff" or "Avalanche") and Plaintiff Avalanche Equipment, LLC's Fee And Expense Application Following Entry Of Judgment And Award Of Attorneys' Fees ("Motion for Fees") [#60], both filed on January 14, 2015. Defendant Williams-Southern Co., LLC ("Defendant" or "Williams-Southern") has not filed any response to either motion. In addition, there are two other motions before the court: Plaintiff Avalanche Equipment LLC's Motion To Correct Final Judgment Consistent With Court's Findings, Conclusions, And Order For Judgment ("Motion to Correct") [#63], and the Unopposed Motion to Withdraw From Representation Of Williams-Southern Company, LLC and Notice of Intent to Withdraw [#66] filed on May 15, 2015.

Originally, Plaintiff initiated this action in state court alleging four counts: (1) breach of contract; (2) unjust enrichment; (3) breach of implied contract; and (4) open accounting. [#3]. Each of the counts sought identical damages, i.e., $180, 163.59, together with 18% interest per annum, attorney's fees and costs. [ Id. ] By the time the case was tried, Avalanche opted to pursue only the breach of contract claim. [#55]. After a two-day trial, this court found in favor of Avalanche and against Williams-Southern on the claim of breach contract. [ Id. ] As part of the Findings, Conclusions, and Order for Judgment, Judge Boland ordered:

(1) For rent on equipment in the amount of $161, 646.80;
(2) For interest on the past due balance for rental charges at the rate of 1.5% per month through the date of these Findings, Conclusions, and Order for Judgment, to be established by an affidavit to be submitted on or before January 14, 2015;
(3) For reasonable attorneys' fees to be awarded on the submission of a fee application, to be submitted on or before January 14, 2015;
(4) For its costs, to be awarded pursuant to Fed.R.Civ.P. 54(d)(l) and D.C.COLO.LCivR 54.1; and
(5) For post-judgment interest as provided by law.

[#55 at 9].

I. Motion to Correct the Final Judgment

The court will first turn to Plaintiff's Motion to Correct. The Final Judgment entered by the Clerk of the Court specifically adopts the court's Findings, Conclusions and Order for Judgment, but inadvertently left out the words "per month" after 1.5%. [#56 at 1]. Therefore, the court GRANTS the Motion to Correct [#63].

II. Application for Interest and Motion for Attorney's Fees and Costs

As directed by the court's Findings, Conclusions, and Order for Judgment, Avalanche filed an Affidavit calculating prejudgment interest at the rate of 1.5% per month and a Motion for Attorney's Fees on January 14, 2015. Williams-Southern did not take issue, or otherwise respond, to either filing. The court has reviewed the papers and supporting documentation offered by Avalanche, the Complaint [#3], the Scheduling Order [#12], and the Final Pretrial Order [#27]. The court now turns to the appropriate calculation.

In calculating a reasonable attorney's fee, I apply the lodestar principles stated in Robinson v. City of Edmond, 160 F.3d 1275, 1281 (10th Cir. 1998). "The lodestar calculation is the product of the number of attorney hours reasonably expended and a ...


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