Fransisca Arias, et al. v. Family First Funding, LLC, et al.

Arias · United States District Court for the District of New Jersey · February 19, 2026 · No. Civ. No. 23-1226 (JBD)

Summary

The United States District Court for the District of New Jersey considers AnnieMac Home Mortgage’s motion for attorneys’ fees and costs incurred in connection with competing motions to enforce a settlement agreement. The Court finds AnnieMac to be a prevailing party under the settlement’s fee-shifting provision and provisionally awards it $14,154.60, subject to a supplemental submission regarding reply-brief time.

Holdings

  1. AnnieMac was a prevailing party because it succeeded on a significant issue and obtained relief generally similar to the relief sought: enforcement of settlement language preserving defendants' non-reimbursement claims and defenses.
  2. Neither bad faith nor a separate finding of fundamental fairness was required to recover fees under the parties' contractual settlement provision, which expressly authorized reasonable fees and costs incurred in an action to enforce the settlement.
  3. AnnieMac was entitled to a reduced, provisional award of $14,154.60 in attorneys' fees and costs, subject to supplementation for time spent reviewing the opposition and preparing a reply.

Questions Presented

  1. Whether AnnieMac was a prevailing party entitled to attorneys' fees and costs under the settlement agreement's fee-shifting provision.
  2. Whether principles of fundamental fairness or Weikel's good-faith pursuit of his competing enforcement position barred a contractual fee award.
  3. What amount of attorneys' fees and costs was reasonable under the lodestar method, including the reasonableness of the requested rates, hours, local-counsel work, and post-ruling settlement-implementation time.

Disposition

other

Cases Cited (40)

  • John T. ex rel. Paul T. v. Delaware County Intermediate Unit, 318 F.3d 545, 555 (3d Cir. 2003)(followed)
  • Apple Corps. Ltd. v. International Collectors Society, 25 F. Supp. 2d 480, 484-85, 497 (D.N.J. 1998)(followed)
  • Goethe v. Goethe, No. A-3043-11T4, 2013 WL 2173182, at *4 (N.J. Super. Ct. App. Div. May 21, 2013)(followed)
  • N. Bergen Rex Transportation, Inc. v. Trailer Leasing Co., 158 N.J. 561, 570 (1999)(followed)
  • Satellite Gateway Communications, Inc. v. Musi Dining Car Co., 110 N.J. 280, 285 (1988)(followed)
  • Philadelphia Indemnity Insurance Co. v. Mar-Bridge Enterprises, Inc., Civ. No. 18-15205 (DEA), 2021 WL 7868721, at *1 (D.N.J. Sept. 29, 2021)(followed)
  • Blakey v. Continental Airlines, Inc., 2 F. Supp. 2d 598, 601-02 (D.N.J. 1998)(followed)
  • Metropolitan Pittsburgh Crusade for Voters v. City of Pittsburgh, 964 F.2d 244, 250 (3d Cir. 1992)(followed)
  • Dunn v. United States, 842 F.2d 1420, 1433 (3d Cir. 1988)(followed)
  • Hensley v. Eckerhart, 461 U.S. 424, 433-34 (1983)(followed)

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