United States District Court, D. Kansas
MEMORANDUM AND ORDER
CARLOS
MURGUIA, UNITED STATES DISTRICT JUDGE
This
matter comes before the court on interpleader-plaintiff
Primerica Life Insurance Company's motion for
attorney's fees. (Doc. 22.) In its order dated March 6,
2019, the court previously determined that plaintiff is
entitled to recover reasonable costs and fees from the
interpleaded fund, provided that plaintiff submit a
particularized request showing compliance with the procedures
outlined in Federal Rules of Civil Procedure 54 and D. Kan.
54.2. (Doc. 17, at 8.) Having concluded that plaintiff has
followed those procedures and presented a reasonable request,
the court grants plaintiff's motion for attorney's
fees and costs.
I.
Factual Background
Plaintiff
filed this interpleader action to facilitate the proper
distribution of a $150, 000 life insurance policy benefit to
either Barbara or Patrick Frantz. (Doc. 1.) Plaintiff
subsequently filed a motion to deposit the policy amount into
the court's registry. (Doc. 13.) In this motion,
plaintiff also requested: dismissal from the action, a
permanent injunction against defendants preventing them from
pursuing any further action on the policy against it, and
reimbursement for its reasonable attorney's fees and
costs for bringing this interpleader action. (Id.)
The court granted plaintiff's motion to deposit the
funds. (Doc. 17.) With respect to plaintiff's other
requests, the court concluded that plaintiff was entitled to
reasonable attorney's fees and costs but reserved
ordering any such award until plaintiff properly filed a
motion under Fed. R. Civ. P 54 and D. Kan. Rule 54.2.
(Id. at 8.) The court also noted that upon proof of
deposit of the $150, 000 and resolution of its request for
attorney's fees, the court would dismiss plaintiff and
issue an injunction preventing defendants from taking further
action against plaintiff on the policy. (Id.)
Plaintiff
properly deposited the policy amount in the court's
registry on May 23, 2019. (Doc. 18). The court then allowed
plaintiff until July 18, 2019, to move for its reasonable
attorney's fees and costs (Doc. 21.) Plaintiff met that
deadline with the instant motion, which it supports by
offering (1) email correspondence between its counsel and
defendant Patrick Frantz's counsel concerning the dispute
over attorney's fees and (2) an affidavit from
plaintiff's counsel detailing legal fees. (Doc. 22-1.)
The emails took place from January 25, 2019 to February 6,
2019, and the parties were unable to agree about
plaintiff's entitlement to attorney's fees and costs.
(Id.) Plaintiff's counsel submits that plaintiff
incurred $4, 104.50 in attorney's fees for 26.40 hours of
work, in addition to $760.26 in costs, for a total of $4,
864.76 in attorney's fees and costs. (Id.)
II.
Legal Standard
Both
the Federal Rules of Civil Procedure and the Local Rules for
the District of Kansas set out requirements for a party's
motion for attorney's fees. Under Fed.R.Civ.P. 54(d), the
motion must:
(i) be filed no later than 14 days after the entry of
judgment;
(ii) specify the judgment and the statute, rule, or other
grounds entitling the movant to the award;
(iii) state the amount sought or provide a fair estimate of
it; and
(iv) disclose, if the court so orders, the terms of any
agreement about fees for the services for which the claim is
made
Fed. R. Civ. P. 54(d)(2)(B). A statute or court order can
vary these requirements if provided therein. Id.
The
Local Rules impose additional requirements for motions for
attorney's fees, most of which relate to consultation
with the other party. Consultation with the other party is
required before the court will consider a motion for
attorney's fees. D. Kan. Rule 54.2(a). When the parties
disagree about the award of attorney's fees after such
consultation, the moving party must file, within 30 days of
filing its motion, both a statement of consultation and a
memorandum setting forth the factual basis for an award. D.
Kan. Rule 54.2(c). The statement of consultation must note
the date of the consultation, the names of the participants,
and the results. D. Kan. Rule 54.2(d). The memorandum in
support of the party's motion for attorney's fees
“must be supported by time records, affidavits, or
other evidence.” D. Kan. Rule 54.2(e).
III.
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