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05-2097 - Kimberly-Clark Corporation v. Factory Mutual Insurance Company

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05-2097 - Kimberly-Clark Corporation v. Factory Mutual Insurance Company
November 30, 2007
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Memorandum Order. Before the Court is Plaintiff Kimberly-Clark Corporation's ("Kimberly-Clark") Brief in Support of Its Claim for Prejudgment Interest (doc. 107), filed October 11, 2007. Because an additional award of prejudgment interest is necessary to fully compensate Plaintiff for Defendants breach of the parties' mutual insurance policy, the Court GRANTS Plaintiff's request. In order to fully compensate Kimberly-Clark for the aforementioned breach of contract, the Court GRANTS Plaintiff's request for prejudgment interest on its award of $3,062,776.90. Accordingly, Defendant Factory Mutual is ordered to pay prejudgment interest in the amount of $855,645.72. (see order for specifics) (Signed by Judge Jane J Boyle on 11/30/07) (lmp)
March 19, 2008
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Memorandum Order...Before the Court is Plaintiff Kimberly-Clark Corporation's (Kimberly-Clark) Claims for Attorneys Fees and Costs (doc #108), filed October 24, 2007. The Court will postpone its ruling on the motion for attorneys fees and associated costs until it receives a segregation from Plaintiff for the legal services performed, and their associated actual fees and costs, in prosecuting its breach of contract claim, as those services are reflected on the redacted legal bills submitted as Ex A to Mr. Malaret's Declaration in support of Plaintiffs Claim. Plaintiff is also ordered to submit an unredacted copy of Exhibit A and a copy of its contingency fee agreement for in camera review. Plaintiff's submissions must be filed within ten (10) days of the date of this Order. Defendant may file a response to Plaintiffs submission within ten days of Plaintiffs filing. The Court will consider the issue of the costs requested in Plaintiff's Claim at the same time that it considers the attorneys' fees aspect of that motion, after receiving the submissions requested in this Order. (Signed by Judge Jane J Boyle on 3/19/08) (svc)
April 30, 2008
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Memorandum Order. The Court awards $235,440.80 as reasonable attorneys' fees for its successful breach of contract claim under Texas Civil Practice and Remedies Code section 38.001 and $16,688.63 of costs already taxed by the clerk of the Court. (Signed by Judge Jane J Boyle on 4/30/08) (npk)