On October 29, 2010, Chief Judge Fitzwater awarded Wachovia $259,367.58 in attorney’s fees and expenses in Wachovia v. Schlegel (pdf copy of the decision available here). Wachovia sued Robert J. Schlegel and Robert K. Schlegel in the Northern District of Texas for their alleged failure to pay back three loans totaling $19 million. The Schlegels ultimately paid back one loan and Wachovia obtained summary judgment on its claims for the other two, with Chief Judge Fitzwater ordering the Schlegels to pay Wachovia $17 million.
Wachovia then filed a motion requesting that the Schlegels be ordered to pay its attorney’s fees and expenses pursuant to the Schlegels’ contractual agreements to pay for fees and Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8).
Chief Judge Fitzwater noted that, while the Schlegels initially sought leave to file a response to Wachovia’s fee motion (we note that a party need not file a motion for leave to file a response brief, as a party is entitled to file a response as a matter of right under the Local Rules), they failed to do so. Finding Wachovia’s motion to be well taken, Chief Judge Fitzwater granted it and ordered the Schlegels to pay Wachovia an additional $259,367.58 in attorney’s fees and expenses.
Wachovia is represented by Matthew Moran and Daniel Kelly, both of Vinson & Elkins LLP.
The Schlegels are represented by Lawrence Friedman and Melissa Kingston, both of Friedman & Feiger LLP.