EFTA00622679.pdf

IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN ****************************** JEFFREY EPSTEIN and L.S.J., LLC, Plaintiffs, CASE NO. ST-12-CV- 21 NICK LAMBROS and AVLC, LLC d/b/a SOUND X, Defendants. ACTION FOR BREACH OF CONTRACT AND FRAUD JURY TRIAL DEMANDED PUNITIVE DAMAGES SOUGHT MOTION FOR AWARD OF COSTS & ATTORNEYS' FEES & INCORPORATED MEMORANDUM IN SUPPORT COME NOW Plaintiffs JEFFREY EPSTEIN and L.S.J., LLC, by and through their undersigned counsel, KELLERHALS FERGUSON FLETCHER KROBLIN LLP, and hereby move this Honorable Court for an award of costs and attorneys' fees. I. APPLICABLE LAW Title 5, section 541, provides the applicable law governing the award of costs and attorneys' fees in the Virgin Islands. It states in relevant part as follows: (a) Costs which may be allowed in a civil action include: (1) Fees of officers, witnesses, and jurors; (2) Necessary expenses of taking depositions which were reasonably necessary in the action; (3) Expenses of publication of the summons or notices, and the postage when they are served by mail; (4) Compensation of a master as provided in Rule 53 of the Federal Rules of Civil Procedure; (5) Necessary expense of copying any public record, book, or document used as evidence on the trial; and (6) Attorney's fees as provided in subsection (b) of this section. EFTA00622679 Epstein, et al. v. Lainbros, et al. Case No. ST-12-CV-21 Motion for Award of Costs and Attorneys' Fees Page 2 (b) The measure and mode of compensation of attorneys shall be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in the judgment such sums as the court in its discretion may fix by way of indemnity for his attorney's fees in maintaining the action or defenses thereto... 5 V.I. CODE ANN. tit § 541(a)&(b) (emphasis added). The decision of whether and to what extent fees should be awarded is within the Court's discretion. Wenner v. Government of the Virgin Islands, 29 V.I. 158, 164 (D.V.I. 1993). The Court is obligated, however, to follow established guidelines in evaluating requests for attorneys' fees. Damidaux v. Hess Oil Virgin Islands Corp., 18 V.I. 417, 419-420 (D.V.I. 1981). Though a district court may have many good reasons to set or reduce a proposed fee award, if those masons are not explicated, at least in some meaningful degree, and if the district court's fee- award opinion is so terse, vague, or conclusory that it provides no basis to review it, the fee- award order will not withstand scrutiny on appeal. Gunter v. Ridgewood Energy Corp., 223 F.3d 190, 196 (3d Cir. 2000). In determining a fair and reasonable attorneys' fee award under Virgin Islands law, the Court must consider the time and labor required, the novelty and difficulty of the questions involved, the requisite skill needed to properly conduct the case, customary charges of the bar for similar services, the amount involved in the controversy, the benefits resulting to the client from the services, and the contingency or certainty of compensation. Wenner v. Government of Virgin Islands, 1993 WL 661182, *3 (D.V.1. 1993) (citing Lucerne Investment Co. v. Estate Belvedere, Inc., 411 F.2d 1205, 1207 (3d Cir.1969)). To determine a fair and reasonable award of attorneys' fees, the Court considers factors including the time and labor involved, skill required, customary charges for similar services, benefits obtained from the service and the certainty of compensation. Lempert v. Singer, Civ. No.1990-200, 1993 WL 661181, at '2 (D.V.1. Dec. 30, 1993); sec also Marcher v. Nash, 32 F.Supp.2d 239, 241 EFTA00622680 Epstein, et at v. Lambros, et at Case No. ST-l2-CV-2l Motion for Award of Costs and Attorneys' Fees Page 3 (D.V.I.1998). Reasonable attorneys' fees may include charges for work that was "useful and of a type ordinarily necessary to secure the final result obtained from the litigation." Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546, 561 (1986); see also Gulf:stream III Associates, Inc. v. Gulfstream Aerospace Corp., 995 F.2d 414, 420 (3d Cir.) 993) (noting that reasonable attorneys' fees may include charges for measures necessary to enforce district court judgments as well as other charges "reasonably expended" to advance the litigation). Banco Popular de Puerto Rico v. Paradise Motors, Inc., 2008 WL 4222085, *1 (D.V.I. 2008). II. AN AWARD OF ATTORNEYS' FEES IS APPROPRIATE In the instant case, Plaintiffs filed an action for breach of contract and fraud, seeking contractual and tort damages against the Defendants who represented that they were skilled audio / visual technicians who had the ability to purchase and install state of the art entertainment systems, which skill they did not have. Defendants accepted payment from Plaintiffs but failed to perform or to correct the faulty work they did perform. Despite being served with the complaint and even acknowledging service through direct contact with the Court, the Defendants failed to appear or otherwise defend this matter. Plaintiffs were required to prosecute this matter in order to obtain relief and are, therefore, entitled to an award of their costs and attorneys' fees as permitted by 5 V.I. CODE ANN. tit § 541(a)&(b). As set forth in the accompanying Affirmation, the total amount of attorneys' fees sought by Plaintiffs is $7,702.50. WHEREFORE, it is respectfully requested that this Honorable Court enter an award of attorneys' fees and costs in favor of Plaintiffs and against Defendants in the amount of $7,702.50. EFTA00622681 Epstein, et al. v. Lambros, et al. Case No. ST-12-CV-2I Motion for Award of Costs and Attorneys' Fees Page 4 Respectfully, DATED: December / P:2012 CHRISTO ER ALLEN ICROBLIN, ESQ. VI Bart/ 966 KELLERNALS FERGUSON FLETCHER KROBLIN LLP 9100 Port of Sale Mall, Suite 15 St. Thomas Telepho Telef Email: EFTA00622682 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & St JOHN JEFFREY EPSTEIN and L.S.J., LLC, ) Plaintiffs, ) CASE NO. ST-12-CV- 21 -vs- ) ACTION FOR ) BREACH OF CONTRACT AND NICK LAMBROS and AVLC, LLC ) FRAUD d/b/a SOUND X, ) JURY TRIAL DEMANDED Defendants. ) PUNITIVE DAMAGES SOUGHT ORDER BEFORE THE COURT is Plaintiff's Motion for Award of Costs & Attorneys' Fees & Incorporated Memorandum in Support. Upon consideration of the Motion, the Court will grant the relief requested therein. Accordingly, it is hereby: ORDERED that Plaintiff's Motion is Granted; it is further ORDERED that the Judgment for Plaintiff shall include the additional award of $7,702.50 in costs and attorneys' fees. Dated: Judge of the Superior Court of the Virgin Islands EFTA00622683