Summary
The United States District Court for the Eastern District of California entered judgment pursuant to the parties’ stipulation against defendant Jeffrey D. Thorn in favor of American Zurich Insurance Company. The judgment awarded $177,120.32, consisting of $174,764.32 due under the settlement agreement and $2,356.00 in attorneys’ fees.
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Practice areas
Questions Presented
- Whether the court should enter the stipulated judgment against Jeffrey D. Thorn upon default under the settlement agreement.
- Whether plaintiff should recover attorneys' fees incurred to enforce the settlement agreement and, if so, in what amount.
Holdings
- The court entered judgment in favor of American Zurich Insurance Company and against Jeffrey D. Thorn pursuant to the parties' stipulation and settlement agreement.
- Plaintiff was entitled to recover $2,356.00 in attorneys' fees, representing a twenty-percent reduction of the amount supported by counsel's hourly rate and claimed hours because counsel did not provide itemized time documentation.
Key quotations
“As such, the Court will reduce the amount of the attorney fee award by 20%; the Court determines that the remaining amount for attorney’s fees is reasonable under the circumstances.” (1)
“Judgment is entered in favor of plaintiff AMERICAN ZURICH INSURANCE COMPANY and against defendant JEFFREY D. THORN for $177,120.32 in damages” (1)
Factual background
Under the parties' settlement agreement, defendant Jeffrey D. Thorn became liable for the settlement amount, and the agreement permitted plaintiff to recover attorneys' fees incurred in enforcing the settlement. Plaintiff submitted a stipulation for entry of judgment and an affidavit from counsel Lincoln V. Horton supporting the fee request. Horton requested compensation for 9.5 hours at an hourly rate of $310 but did not provide itemized documentation of the time spent.
Procedural history
American Zurich Insurance Company sought enforcement of a settlement agreement in this diversity action. The parties submitted a stipulation providing for entry of judgment against Jeffrey D. Thorn upon default. The district court found just cause to enter the stipulated judgment, reduced the requested attorneys' fees by twenty percent because counsel did not provide itemized time records, and entered judgment for $177,120.32.