Murphy v. Bunge North America Inc

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

JONATHAN MURPHY d/b/a MURPHY TRUCKING and VINCENT BANISTER PLAINTIFFS

No. 4:20-cv-890-DPM

BUNGE NORTH AMERICA, INC. and KRIS TILLIE DEFENDANTS

ORDER After about a decade of litigation, a state court dismissed an earlier version of this case without prejudice in 2019. Bunge and Tillie ask this Court for sunk attorney’s fees and costs, plus a stay until Murphy and Banister pay. Murphy and Banister have not responded. The motion, Doc. 7, is granted as modified. The Court has reviewed the materials about all the prior work. The Court commends the pro rata reductions for work connected with now-absent plaintiffs. But, not all the sought fees are lost; the prior depositions retain value, though they will of course have to be reopened. And the requested hourly rate is, notwithstanding counsels’ qualifications, a bit on the high side for this kind of work in central Arkansas. A blended rate of $250/hour is appropriate. As to Murphy, this case is stayed until he pays Bunge and Tillie $6,500 as a reasonable fee and costs. FED. R. Civ. P. 41(d); Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980). As to Banister,

the case is stayed until he pays Bunge and Tillie $6,000 as a reasonable fee and costs. Ibid. The Court also administratively terminates this case. So Ordered.

MP Aanstell D.P. Marshall Jr. United States District Judge [a sypreruher 2020

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