Richway LLC v. SXThree LLC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

RICHWAY, LLC, an Oklahoma limited ) liability company d/b/a MARKET ) SOURCE, ) ) Case No. CIV-25-21-SLP Plaintiff, ) ) v. ) ) SX THREE, LLC, a Texas limited ) liability company, ) ) Defendant. O R D E R Before the Court is Plaintiff’s Motion for Compensation of Attorney and Brief in Support [Doc. No. 11]. The Court previously granted Plaintiff’s Motion for Entry of Default and awarded Plaintiff damages on its breach of contract claim in the amount of $136,180.83 together with post-judgment interest at the statutory rate. See Order [Doc. No. 10]. The Court also found Defendant was liable to Plaintiff for a reasonable attorney fee, but directed Plaintiff to supplement its request with an affidavit to support the amount and reasonableness of the requested attorney fee. See id. Plaintiff has now supported its request for a reasonable attorney fee with the affidavit of its counsel, G. Rudy Hiersche, Jr. Plaintiff seeks an award of fees in the amount of $12,720.00 and costs in the amount of $465.00. Upon review and considering the applicable two-step process, see State ex rel. Burk v. City of Oklahoma City, 598 P.2d 659 (Okla. 1979), the Court finds the amount of attorney fees requested is reasonable and awards Plaintiff its attorney fees. Plaintiff, however, must separately move for costs. See LCvR 54.1. Accordingly, the Court declines to award costs at this time. IT IS THEREFORE ORDERED that Plaintiff’s Motion for Compensation of Attorney and Brief in Support [Doc. No. 11] is GRANTED IN PART. Plaintiff is awarded attorney fees in the amount of $12,720.00. The Motion is DENIED as to the request for costs. A separate default judgment shall be entered. IT IS SO ORDERED this 22nd day of April, 2025. ) eZ bb SCOTT L. PALK UNITED STATES DISTRICT JUDGE