On February 12, 2007 a
Motion,Ex Parte
was filed
involving a dispute between
Patriot Communications Llc,
and
Kettering Tower Partners Llc,
for CIVIL
in the District Court of Montgomery County.
Preview
FHL
ervey op cate
PLEAS
iyfitiaanaia
IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
PATRIOT COMMUNICATIONS, LLC,
Plaintiff,
v.
KETTERING TOWER PARTNERS LLC
c/o Uri Mermelstein,
Defendant.
CASE NO. 2007-CV-01268
(Judge Tucker)
PLAINTIFF'S MOTION FOR
ATTORNEY'S FEES AND
PREJUDGMENT INTEREST
Pursuant to the agreement between the parties and Ohio Rev. Code § 1343.03(A),
Plaintiff Patriot Communications LLC requests that it be awarded attorney's fees and
prejudgment interest as described in the attached Memorandum in Support.
Respectfully submitted,
ee
Ronald I. Raether, Jr. (0067731)
Timothy G. Pepper (0071076)
FARUKI IRELAND & COX P.L.L.
500 Courthouse Plaza, S.W.
10 North Ludlow Street
Dayton, OH 45402
Telephone: (937) 227-3733
Telecopier: (937) 227-3717
E-Mail: rraether@ficlaw.com
Attorneys for Plaintiff
Patriot Communications, LLCMEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR
ATTORNEY'S FEES AND PREJUDGMENT INTEREST
The facts and procedural posture of this case are thoroughly explained in
Plaintiffs Memorandum in Opposition to Defendant's Motion to Vacate, and are incorporated
from that filing by reference. The issues before the Court in this Motion are whether Patriot is
entitled to attorney's fees and prejudgment interest. The analysis is simple and the inescapable
conclusion is yes; therefore, Patriot respectfully requests that the Court award it its reasonable
attorney's fees and prejudgment interest in accordance with the parties' contract and Ohio Rev.
Code § 1343.03(A).
I. PATRIOT IS ENTITLED TO AN AWARD OF ITS ATTORNEY'S FEES
The contract between Plaintiff Patriot Communications LLC ("Patriot") and
Defendant Kettering Tower Partners LLC ("KTP") provides for an award of "expenses, including
the costs of the arbitration proceeding, and reasonable attorney fees” to the prevailing party.’
Judge Meagher properly awarded Patriot its expenses and attorney's fees up to the date of the
Award (February 7, 2007). KTP has refused to honor the Award and, instead, chosen to extend
this dispute with unnecessary litigation in this Court. KTP has contractually agreed to pay
attorney's fees in this instance and, therefore, the Court should award Patriot its reasonable
attorney's fees accrued from the date of Judge Meagher's award through the date of decision of
this proceeding.
' Arbitration Award at p. 8; Agreement between KTP and Patriot, attached to Patriot's Application to Confirm, at
Article 4.award Patriot the reasonable attorney's fees it incurred in this litigation. The General Assembly
has clearly and unambiguously provided for prejudgment interest to the prevailing party in
contract cases like this one, and the Court should give effect to the statute and award Patriot
prejudgment interest on the amount owed.
Respectfully submitted,
Sef
Ronald I. Raether, Jr. (0067731)
Timothy G. Pepper (0071076)
FARUKI] IRELAND & COX P.L.L.
500 Courthouse Plaza, S.W.
10 North Ludiow Street
Dayton, OH 45402
Telephone: (937) 227-3733
Telecopier: (937) 227-3717
E-Mail: rraether@ficlaw.com
Attorneys for Plaintiff
Patriot Communications, LLCCERTIFICATE OF SERVICE
I certify that a copy of the foregoing Plaintiff's Motion for Attorney's Fees and
Prejudgment Interest has been served via regular U.S. mail, postage prepaid, upon the following
counsel of record, this 14th day of March, 2007:
$80675.1
Ralph Skilken, Esq.
SKILKEN LOWE & DANKOF
40 North Main Street
1500 Kettering Tower
Dayton, Ohio 45423
Attorneys for Defendant
Kettering Tower Partners, LLC
Te fx___-
Timothy G. Pepper
Document Filed Date
March 14, 2007
Case Filing Date
February 12, 2007
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FHL ervey op cate PLEAS iyfitiaanaia IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION PATRIOT COMMUNICATIONS, LLC, Plaintiff, v. KETTERING TOWER PARTNERS LLC c/o Uri Mermelstein, Defendant. CASE NO. 2007-CV-01268 (Judge Tucker) PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND PREJUDGMENT INTEREST Pursuant to the agreement between the parties and Ohio Rev. Code § 1343.03(A), Plaintiff Patriot Communications LLC requests that it be awarded attorney's fees and prejudgment interest as described in the attached Memorandum in Support. Respectfully submitted, ee Ronald I. Raether, Jr. (0067731) Timothy G. Pepper (0071076) FARUKI IRELAND & COX P.L.L. 500 Courthouse Plaza, S.W. 10 North Ludlow Street Dayton, OH 45402 Telephone: (937) 227-3733 Telecopier: (937) 227-3717 E-Mail: rraether@ficlaw.com Attorneys for Plaintiff Patriot Communications, LLCMEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND PREJUDGMENT INTEREST The facts and procedural posture of this case are thoroughly explained in Plaintiffs Memorandum in Opposition to Defendant's Motion to Vacate, and are incorporated from that filing by reference. The issues before the Court in this Motion are whether Patriot is entitled to attorney's fees and prejudgment interest. The analysis is simple and the inescapable conclusion is yes; therefore, Patriot respectfully requests that the Court award it its reasonable attorney's fees and prejudgment interest in accordance with the parties' contract and Ohio Rev. Code § 1343.03(A). I. PATRIOT IS ENTITLED TO AN AWARD OF ITS ATTORNEY'S FEES The contract between Plaintiff Patriot Communications LLC ("Patriot") and Defendant Kettering Tower Partners LLC ("KTP") provides for an award of "expenses, including the costs of the arbitration proceeding, and reasonable attorney fees” to the prevailing party.’ Judge Meagher properly awarded Patriot its expenses and attorney's fees up to the date of the Award (February 7, 2007). KTP has refused to honor the Award and, instead, chosen to extend this dispute with unnecessary litigation in this Court. KTP has contractually agreed to pay attorney's fees in this instance and, therefore, the Court should award Patriot its reasonable attorney's fees accrued from the date of Judge Meagher's award through the date of decision of this proceeding. ' Arbitration Award at p. 8; Agreement between KTP and Patriot, attached to Patriot's Application to Confirm, at Article 4.award Patriot the reasonable attorney's fees it incurred in this litigation. The General Assembly has clearly and unambiguously provided for prejudgment interest to the prevailing party in contract cases like this one, and the Court should give effect to the statute and award Patriot prejudgment interest on the amount owed. Respectfully submitted, Sef Ronald I. Raether, Jr. (0067731) Timothy G. Pepper (0071076) FARUKI] IRELAND & COX P.L.L. 500 Courthouse Plaza, S.W. 10 North Ludiow Street Dayton, OH 45402 Telephone: (937) 227-3733 Telecopier: (937) 227-3717 E-Mail: rraether@ficlaw.com Attorneys for Plaintiff Patriot Communications, LLCCERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiff's Motion for Attorney's Fees and Prejudgment Interest has been served via regular U.S. mail, postage prepaid, upon the following counsel of record, this 14th day of March, 2007: $80675.1 Ralph Skilken, Esq. SKILKEN LOWE & DANKOF 40 North Main Street 1500 Kettering Tower Dayton, Ohio 45423 Attorneys for Defendant Kettering Tower Partners, LLC Te fx___- Timothy G. Pepper