The opinion
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
PERRY MATLOCK, )
)
Plaintiff, )
)
v. ) No. CIV-22-498-R
)
REDBIRD BUSINESS GROUP, LLC and )
REDBIRD VENTURES LLC, )
)
Defendants. )
ORDER
Before the Court is Plaintiff’s Motion for Attorneys’ Fees, Pre-Judgment Interest,
and Post-Judgment Interest [Doc. No. 53] and Plaintiff’s Motion for Entry of Final
Judgment Against RedBird Business Group LLC [Doc. No. 52]. The Court previously
granted summary judgment as to the breach of contract claim against RedBird Business
Group and denied summary judgment as to the remaining claims. See Order of May 31,
2023 [Doc. No. 48]. At Plaintiff’s request, and without objection from Defendants, the
remaining claims were dismissed without prejudice pursuant to Rule 41(a)(2). See Order
of September 1, 2023 [Doc. No. 55]. Plaintiff now seeks entry of final judgment as to the
breach of contract claim as well as attorneys’ fees. The motions are unopposed.
Pursuant to the order granting Plaintiff’s motion for summary judgment against
RedBird Business Group for breach of contract, the Court finds that Plaintiff is entitled to
judgment in his favor in the amount of $1,475,000.00.
Attorney’s fees may not be awarded in the absence of a contractual or statutory
authorization. As the basis for his request for attorneys’ fees, Plaintiff cites Okla. Stat. tit.
12, § 936(A), which authorizes attorneys’ fees to the prevailing party in certain contract
disputes. The statute provides:
In any civil action to recover for labor or services rendered, or on an open
account, a statement of account, account stated, note, bill, negotiable
instrument, or contract relating to the purchase or sale of goods, wares, or
merchandise, unless otherwise provided by law or the contract which is the
subject of the action, the prevailing party shall be allowed a reasonable
attorney fee to be set by the court, to be taxed and collected as costs.
Okla. Stat. tit. 12, § 936(A). “Under Oklahoma law, the correct method for determining a
reasonable attorney fee is to calculate the ‘lodestar’— the number of hours reasonably
expended multiplied by a reasonable hourly rate—and then to enhance or reduce the fee by
consideration of the factors in State ex rel. Burke v. City of Oklahoma City.” Brown v.
Elephant Talk N. Am. Corp., No. CIV-18-00902-PRW, 2022 WL 1527523, at *3 (W.D.
Okla. May 13, 2022) (footnotes omitted).
Plaintiff’s motion for attorneys’ fees seeks an award of $20,545.00, representing
75.1 hours of attorney time and 4.6 hours of paralegal time. In accordance with Local Civil
Rule 54.2, Plaintiff has submitted detailed billing records, as well as an affidavit signed by
attorney Martin S. Schexnayder, to support its lodestar calculation and fee request. As
Defendant has not responded to the motion, the Court deems the factual representations
made therein confessed pursuant to Local Civil Rule 7.1(g). In addition, having considered
the relevant factors, the Court concludes that Plaintiff's request for $20,545.00 is
reasonable and supported by the record. The Court declines to award attorneys’ fees for
responding to any hypothetical appeals or executing the judgment.
Further, pursuant to Oklahoma law, Plaintiff is entitled to recover prejudgment
interest from RedBird Business Group at a rate of 6% per annum from April 30, 2022 to
the date of this order. Okla. Stat. tit. 23, § 6; Okla. Stat. tit. 15, § 266. Plaintiff is also
entitled to post-judgment interest pursuant to 28 U.S.C. § 1961.
As set out above, Plaintiff's Motion for Attorneys’ Fees, Pre-Judgment Interest, and
Post-Judgment Interest [Doc. No. 53] and Plaintiff's Motion for Entry of Final Judgment
Against RedBird Business Group LLC [Doc. No. 52] are GRANTED. Plaintiff is awarded
$20,545.00 in attorneys’ fees as well as prejudgment interest from April 30, 2022 to the
date of this order and post-judgment interest pursuant to 28 U.S.C. § 1961. A separate
judgment will be entered.
IT IS SO ORDERED this 1*' day of September 2023.
UNITED STATES DISTRICT JUDGE