Order: STEVEN WEBSTER, et al vs. OMTC, INC., et al

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                                CAUSE NO. DC-20-102 14

Steven Webster, Aaron Webster, and               §               IN THE DISTRICT COURT OF
                                                      '



Dennis Woods,                                     §


                         Plaintiffs,              g


v.                                                g              DALLAS COUNTY, TEXAS

Dennis J. Rogers, II and OMTC, Inc.,              g

                         Defendants.              g               l9 lst JUDICIAL DISTRICT

                   UNOPPOSED ORDER GRANTING PLAINTIFFS’
               MOTIONS FOR ATTORNEYS’ FEES, COSTS AND EXPENSES

                                                                     (l)   Plaintiffs Steven Webster and
          Currently pending before the Court are two motions:

Dennis Woods’s Motion for Award of Attorneys’ Fees, Costs, and Expenses for their breach
                                                                                         of

contract claim under Section 38.00] of the Texas          Civil Practice   and Remedies Code, which is


based on the Court’s October 21 , 2020 Order granting Steven Webster and Dennis
                                                                                Wood’s Motion

for Partial Summary Judgment as to their breach of contract claims against Defendant OMTC,

                                                           Motion for Award of Attomevs’ Fees
Inc.; and (2) Plaintiffs Steven Webster and Dennis Woods’s

and Costs incurred in defending Defendants’ Rule 91a motion to dismiss
                                                                       Plaintiffs’ breach             of

duciary     duty and   DTPA claims (together, the “Motions”).
                                                             the Plaintiffs’ unnopposed motion for
          Having considered the Motions, the applicable law,

                                         and opposing papers, the Court nds          that the Motions are
entry of award, and all other supporting

 meritorious and should be    GRANTED.

          IT IS THEREFORE ORDERED            that Plaintiffs’ Motion for Award       of Attorneys’ Pees,

                                                        under Section 38.001 of the Texas Civil
 Costs, and Expenses for their breach of contract claim

 Practice and Remedies Code is hereby        GRANTED         in all respects and Plaintiffs are awarded

                                                       claim against Defendant OMTC, Inc.
 $84,334.80 for prevailing on their breach of contract
       IT IS FURTHER ORDERED           that Plaintiffs’ Motion for Award      of Attomeys’ Fees and

Costs incurred in defending Defendants’ Rule 91a Motion to Dismiss is hereby           GRANTED in all

                                                             and necessary attorneys’ fees and
respects and Plaintiffs are awarded $17,273.21 in reasonable

costs for prevailing against Defendants’ Rule 91a Motion.

       IT IS FURTHER ORDERED that Defendants shall pay the amount of the Rule 9 l a Motion

fees ($1 7,273.21) to Plaintiff Steven Webster by delivering a cashier’s check in the same amount

to Plaintiffs’ counsel within fourteen days (14)   of the date this Order is signed.

               SIGNEDthistiay         of   DEC.         2020.




                                                                                 '   4t—
                                                             GE
                                                                  PWG
APPROVED AS T0 FORM AND CONTENT:
BAKER BOTTS L.L.P.


By: /s/Meghan Dawson McElvv
       Meghan Dawson McElvy
       State Bar No. 24065 127
       meghan.mcelvy@bakerbotts.com
       Margaret L. Wittenmyer
       State Bar No. 24106593
       margaret.wittenmyer@baker-botts.com
       9 10 Louisiana Street
   .
       Houston, Texas 77002
       Telephone: (71 3) 229-] 196
       Facsimile: (713) 229-2896

ATTORNEYS FOR PLAINTIFFS




APPROVED AS T0 FORM ONLY:
HENNEMAN RAU LLP


By: /s/ BradleLM. Kirklin
     Bradley M. Kirklin
     State Bar No. 24046222
       bkirklin@hennemanrau.com
       George H. Rau III
       State Bar No. 24037335
       grau@hennemanrau.com
       815 Walker Street, Suite 1440
       Houston, Texas 77002
       Telephone: (71 3) 955-6030
       Facsimile: (713) 955-6141

ATTORNEYS FOR DEFENDANTS