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SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST CROIX BANCO POPULAR DE PUERTO RICO P1 AINTIFF, SX 16 CV 352 V ACTION FOR DEBT Cite as 2021 VI SUPER 48D KIANNA D SUMAYAH A/K/A KIANNA D SUMAYAH HARRY DEFENDANT Appearances Charles E Lockwood Dudley Newman Feuerzeig LLP 1131 King Street Christiansted St Croix U S Virgin Islands 00820 4971 Attorney [‘01 Plamnfi MEMORANDUM OPINION WILLOCKS Presiding Judge ‘11] THIS MATTER is before the Court on Banco Popular De Puerto Rico 5 undersigned counsel 5 (hereinafter Plaintiff) Motion for Costs and Attorney 5 Fees filed on December 14 2020 I Background [112 The Complaint was filed on June 9 2016 by Plaintiff The Court ordered Plaintiff 3 Motion for Publication on September 19 2016 Proof of Publication was received on November 9 2016 A Motion for Entry of Default was filed on November 29 2016 An Entry of Default was entered by the Court on January 12 2017 A Motion for Default Judgment was filed on November 22 2019 A Motion for to Renew its Motion for Judgment by Default was filed on April 27 2020 The Court ordered a Default Cite as 2021 VI 9UPER 48L Bum 0 Popular De P118) to RICO v Kmnna D Summa/I Harm SX 16 CV 352 Memorandum Opinion & Order Page 2 0f 5 Judgment against Kianna D Sumayah a/k/a Kianna D Sumayah Harry on Noyember 6 2020 A Motion by Plaintiff for Costs and Attorney 5 Fee was filed on December 14 2020 II Discussion & Legal Standard ‘IB Pursuant to 5 V I C § 541(a) a prevai1ing party may recover costs including attorney a fees Chapa t Sepe 201? VI LEXIS 72 (Super Ct June 3 201?) Further 5 V I C § 541(b) defines a prevailing party as the one in whose favor a decision or verdict is rendered and a judgment is rendered Id (citing Melena’e t Rll’erfl24VI 63 6’3 (Terr Ct 1988)) In consideling compensation for attorney s fees the amount of fees to be awarded to the prevailing patty is intended to be an indemnification for a fair and reasonable portion and not for the whole amount charged by the attorney * DuplicatiVe excessive or redundant fees are not considered reasonable 1 For work to be included in the calculation of reasonable attorney 5 fees the work must be useful and of a type ordinarily necessary to secure the final result obtained from the litigation 1 Supreme Court found guidance in the factors discussed by the Appellate Division of the Disttict Court of the Virgin Islands in Andrew Hum“ R&G Mortgage Corp DC Ci» App No 2003/126 (DVI App Jan 10 2007) namely The time and Iabor required the n0ve1ty and difficulty of the issues involved the [eye] of skill needed to properly conduct the ease the customary charges of the bar for similar services the amount involved in the controx ersy the benefits resuIting to the client from the services and the contingency 0r certainty of compensation Jud: 9 of St Cmm Car Rental 1 Weston 2008 V 1 Supreme LEXIS 21 3 (VI 2008) I Chapa t bcpe 2013 V 1 LEXIS 72 (Super Ct June 1 201 1) (citing Tunic)!“ Mmme Tramp (mp 1 (Italics A Tunkmg [m 20V1 286 290 (Terr Ct 1934)) 3 Chupa I 96/16 2013 V I LEXIS 72 Super Ct June 7) 201 1) (citing Wenner t (10) eminent of the VI 29 V 1 158 166 (D V 0 1991)) ‘ (hapu I Sepe 201? V 1 LEXIS 72 {Super Ct June 3 201 3) (Liting Baum Populm (le Puerto Ru 0 t Caren 2009 L S Dist LEXIS 6704) [WL] at l (D V 1 Aug '1 2009) (citing Planned Puremhoadt AG 297 F Id 253 266 (3d Cir 2002)(quoting Pennsmanmt Del Valle) (.11! ens C0101“, 478 L S 546 561 1063 Ct 3088 92 L Ed 2d 439 (19860) Cite as 2021 VI SUPER 48U Banu) Popular De Puerto Ru 0 t Ktanna D Sumasah Hal H SX 16 CV 352 Memorandum Opinion & Order a Attorney’s Fees (lid: Here the Court notes that Plaintiff is the pICV ailing party in this matter based on the Court s finding that Plaintiff was entitled to a judgment by default on November 6 2020 The Court will now determine whether the attorney s fees and costs required falls within the confines of Section 541 HIS First the Court reviews the time and labor expended in this matter According to the slip listing including the itemization of attorney 5 fees document preparation in the form of Complaint is listed on April [3 20l6 for one hour total and referenced as STG ( Samuel T Grey ) Other document preparation includes Motion for Substitution Selvice Order and Affidavit Also inciuded in that category is Summons for Publications Proof of Publication and Motion for Entry of Default and Affidavit for one hour total The Court finds this to be reasonable ‘116 Second the Court e» aluates the novelty and difficulty of the issues involved The Court finds the issues invoked herein is neither novel nor complex giVen that it is similar to Baum Popular (1e P R t But it which was a straightforwaid collection s case and that the record in this case is minimal See Banco Popular tie P R t Baud 20l7 V I LEXIS 56 (Super Ct 2017) ‘Il7 Third the Count evaluates the level of skill required of counsel to properly conduct the case Similar to Benito Popular de P R l Dam! the Court found that a collection’s case is straightforward and all documents prepared were short and did not require a high level of skill Id at 10 Again this matter is similar because it tequired short document preparation in the form of drafting a Complaint with attachments an affidavit a Motion for Entry of Default with attachments and other simildr documents that are generally straightforward in the legal field (118 Fourth the Court compares the hourly rate charged in this matter with the customary charges of the Virgin Islands attorneys In Bum 0 Popular cle P R t Dam! it was held that an hourly rate of Cite as 2021 VI SUPER 48U Bamo Popular De Puerto Rim 1 Kmnna D Smmnah Harm SK [6 CV 352 Memorandum Opinion 8: Order $300 00 to be consistent or lowe: with the customary and prevailing market rates attorneys charged in the U S Virgin islands 4 919 Fifth the Court considers the amount in controversy and the attorney’s fees tequested Id at I 1 The Court in Bum 0 Popular tie P R l Dam! held that the amount in controversy was 5” 72‘} 01 and attorney 3 fees requested were $895 00 Id at i I 12 S This was held to be reasonable because the amount in controversy and the attorney s fees requested was within a reasonable relationship within one anothei Similar to here the amount in controversy was $15 504 93 and the attorneys are requesting fees in the amount 0f 3! 516 00 6 W0 The Court finds this relationship to be within reason as well Lastiy the Court considers the contingency or certainty of compensation According to Charles E Lockwood Esq s affidavit the firm was retained by Plaintiff at a billing rate of $300 00 per hour (See Declaration of Counsel in Support of Application for Costa and Attorney 5 Fees ‘11 3) Thus it appears there was not a contingency fee agreement hem Based on the foregoing the Court finds the attorney 5 fees sought by Plaintiff to be reasonable I) Costs ‘1“ 1 According to the slip list inciuding the itemization 0f the costs Plaintiff was billed for a filing fee recording fee process service and publication Section 541 oniy permits recovery of certain costs Filing fee and process service fee do not fail under the allowable costs of Sectéon 54% 7 Section S41(a)(?) allows for costs ailow ed for publication of the summons or notices Therefore the Court will 4Id See also (Janet I brute of MOOIIIEGII fix I? CV 2R) 2OIf}VI LEXIS {07 ‘11 Super Ct June 2017») (unpublished) ‘ in Judi v the Supreme (min found that the attorney’s tees are unlikely to be reasonable when the attorney 5 tees requested was atmost tour times the amount in controversy Judi s afS! (mix Cm Rental I Weston 2008 V I Supreme LEXIQ 21 3 (V I 2008) " Tee Declaration of Counsel tor Fees, and Cmts (Plaintitt ineurrui the amount at $48l 00 by Charm; Luckwood Esq and $623 00 as expenses in this ease by Samuei 1" Grey Esq ) Title 5 Section 541 of the Virgin Islands Code (a)(l 6) Cite as 2021 VI SUPER 48U Baum Popula; De Puwto RICO 1 Kmmza D Summah Harm SK ]6 CV 352 Memorandum Opinion & Order allow the Publication fee for $447 00 but will exclude the other costs listed for not being within Section 547 See Baum Popular (16 P R 1 But ((1 20l7 V I LEXIS 56 (Super Ct 2017) (holding the filing fee and prouess service fee do not fall under Section 541) Further the recording fee also doesn t fit within the language of any of Section 541 Thus the Count will GRANT the publication fee for $447 00 III Conclusion I1112 Based on the foregoing reasons the Court will GRANT Plaintiff 5 Motion for attorney 9 fees in the amount of $l 5 I6 00 and costs in the amount of $447 00 Given that the Court finds that there can be no dispute as to the amount of damages due in this matter it is not necessary to hold a hearing to establish the amount of damages It is hereby ORDERED Plaintiff 5 reasonable costs of attorney s fees of $1 516 00 is GRANTED it is further 0RDFRED Plaintiff s costs in the amount of $447 00 is GRANTED 56A DONE and so ORDERED this ‘3 day of \ lg 0:, 2021 1 / ' { y M ~/} [5! HAROL W L WILLOCKS Presiding Judge of the Superior Court ATTEST Tamara Charles, Clerk of Court <\ 4': Ra! $5352! ’ $13130 fir