bringing this wellas lawsuit "as well asininanother case filedin casefiled c0urt"in in federal court" theamount in the of amountof Thestrategy $187,056.73.1 I The strategyininbringing thefederal bringing the lawsuit federal lawsuit appears appears tohave to beenintimidation havebeen intimidation and/or and/or
berate Silverado berate Silverado intosettlement. into settlement. theresult Nevertheless, the to force wasto result was force S ilverado Silverado to incur to incur significant fees defending ameritless lawsuit inboth Federal Court. andState Those andfees costs arenow fees defending a meritless lawsuit in both Federal and State Court. Those costs and fees are now
due.The due.
feesincurred totalfees The total defending incurred defending against against thechallenged causes o the challenged causes offaction ofSunday, asof action as
November November 30, 2014are 30,2014 17,183.40. are$117,183.40. SeeExhibit See "A,"(Affidavit of Exhibit "A," ofJosh K.Davis) Josh K. attached Davis) attached hereto hereto
andincorporated and incorporated byreference by reference as if set as if setout out fully herein.The fullyherein. Thefeescontinue fees continue to accrueaand to accrue ndwillbe will be
supplemented supplemented at thetime at of the hearing w the time ofthehearing ithadditional with additional fee and oralttestimony. statementsandoral fee statements estimony. Itis It is
withinthe within theCourt's sound Court's sound discretion discretion determine todetermine to thelegal the sufficiency legal sufficiency oftheevidence of presented the evidence presented
regarding regarding theamount the amountoffees of which fees which arereasonable are reasonable and necessary. Ridge and necessary. Ridge Oil C0.v.v.Guinn Invs., OilCo. Invs., Inc. Inc.,,
148S.W.3d. 143 148 (Tex.2004) 143(Tex. (court-ordered 2004)(court-ordered ofattorneys' award of feesisisreviewed attorneys' fees under reviewed under theabuse the abuse o off
discretion discretion standard). standard). The The Drake Courtreinforces Drake Court reinforces that that R ule91a.7 Rule 91a.7 rrequires equires an "award ofall an of all costs and costs and
SeeSecond 11 See Supplement Second Supplement to Application to Application for Payment ofAttorney's forPayment Feesand of Attorney's Fees andExpenses, Expenses, Expert Witness Feesand Witness Fees andExpenses, Expenses, andCosts and CostsofCourt of onfile with Court on the Court and with theCourt and incorporated byreference incorporated by reference asififset as setout fullyhherein. outfully erein.
4849-6015-5168A
Silverado Appx. 0274 No. 1-15-586-CV 3623 reasonable reasonable and attorneyfees necessary attorney and necessary tothechallenged fees incurred with respectto causeoof the challengedcause faction." action."2014
Tex. Tex. A pp.L App. exis112572 Lexis 2572 aatt*6. *6.T The costsooffdefending hecosts defendingthefederal the federallawsuit were incurredwith lawsuitwere withrespect respect demonstratedHowever, to the challenged to the causesofaction challengedcauses as demonstratedabove. of actionas solelyin above. However,solely inan abundanceof anabundance of caution caution andforthe and for the benefit of theCourt, of the Silverado Court, Silverado identifies identifiesthefollowing the followingtotal amountof totalamount of $18,830.00 as the $18,830.00 as amount solely the amount solely rrelated elated othefederal tto mattershould the federalmatter shouldtheCourt the Courtfind findthatdefense that defenseof of thefederal the federal lawsuit evenininthese lawsuit -- even extreme these extreme circumstances circumstances - was - notincurred wasnot incurredwith withrespect tothe respectto the 0 challenged causes of challenged causes of a ction. action.
a D. D. SUBSEQUENT MOTIONS& & COSTS tN Silverado Silverado isentitled is entitledtto recoveritsreasonable orecover its reasonableand attorneyfees necessaryattorney andnecessary feesand costsinthe