Westheimer Regency I, L.P. v. Bally Total Fitness Corporation et alMOTION for Attorney FeesW.D. Tex.February 4, 2019PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT PAGE 1 IN THE UNITED STATES DISTRICT COURT FOR WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION WESTHEIMER REGENCY I, L.P. Plaintiff, § § § v. § § BALLY TOTAL FITNESS CORPORATION; BLAST FITNESS ACQUISITION, LLC; BLAST FITNESS PRESIDENTS SQUARE, LLC; AND HAROLD DIXON, Defendants. § § § § § § § CIVIL ACTION 5:16-cv-00214RCL PLAINTIFF WESTHEIMER REGENCY I, L.P.’S MOTION FOR ATTORNEY FEES TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Westheimer Regency I, L.P., hereinafter Plaintiff, and files this Motion for Attorney Fees, and in support hereof, shows the court the following: 1. Plaintiff filed its lawsuit against Defendants on January 11, 2016 seeking damages in the amount of $1,060,949.48 plus attorney's fees. This case was removed to Federal Court in February 2016. 2. On December 12, 2018, the Clerk entered a default against Defendant Blast Fitness Acquisition, LLC. 3. On January 10, 2019, the Court rendered a default judgment against Defendant Blast Fitness Acquisition, LLC and ordered Blast Fitness Acquisition, LLC to “pay damages in the amount of $1,060,949.48 to Westheimer, as well as an amount to be determined separately in an amended order upon application with supporting documentation of attorney’s fees...”. 4. Plaintiff Westheimer Regency I, L.P. is entitled to an award of attorney fees because Plaintiff obtained a default judgment against Defendant Blast Fitness Acquisition, LLC. Case 5:16-cv-00214-RCL Document 103 Filed 02/04/19 Page 1 of 3 PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT PAGE 2 5. Plaintiff agreed to pay its attorneys on a contingency fee basis. Plaintiff seeks $161,637.48 for fair and reasonable attorney fees and related nontaxable expenses, as established by the Affidavit of David M. Gottfried attached hereto as Exhibit A. David M. Gottfried, his co- counsel, Randall A. Pulman, and their respective associates spent approximately 711 hours and charged the prevailing rates (based on experience) ranging from $65 to $400 per hour. WHEREFORE, PREMISES CONSIDERED Plaintiff prays that the Court to grant this motion and award attorney’s fees to Plaintiff in the amount of $161,637.48. Respectfully submitted, By:/s/David M. Gottfried THE GOTTFRIED FIRM West Sixth Place 1505 West Sixth Street Austin, Texas 78703 Telephone: (512) 494-1481 Facsimile: (512) 472-4013 David M. Gottfried State Bar of Texas No. 08231200 david@davidgottfriedlaw.com Tara Gillespie State Bar of Texas No. 24098880 tara@davidgottfriedlaw.com AND PULMAN, CAPPUCCIO, & PULLEN LLP Randall A. Pulman State Bar of Texas No. 16393250 2161 NW Military Highway, Suite 400 San Antonio, Texas 78213 www.pulmanlaw.com (210) 222-9494 Telephone (210) 892-1610 Facsimile ATTORNEYS FOR PLAINTIFF WESTHEIMER REGENCY, I, L.P. Case 5:16-cv-00214-RCL Document 103 Filed 02/04/19 Page 2 of 3 PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT PAGE 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on February 4, 2019, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: David H. Rich via facsimile (617) 624-4890 Todd & Weld LLP One Federal Street Boston, Massachusetts 02110 Telephone: (617) 720-2626 Facsimile: (617) 624-4890 drich@toddweld.com Ronald E. Tigner via facsimile (832) 214-3905 Federal Bar No. 3095 State Bar No. 20028000 Lyondell Basell Tower 1211 McKinney, Suite 2900 Houston, Texas 77010 Telephone: (832) 214-3900 Facsimile: (832) 214-3905 rtigner@cozen.com /s/David M. Gottfried David M. Gottfried Case 5:16-cv-00214-RCL Document 103 Filed 02/04/19 Page 3 of 3
