Black v. M.G.A., Inc.

51 F. Supp. 2d 1315, 1999 U.S. Dist. LEXIS 9582, 1999 WL 427543
CourtDistrict Court, M.D. Alabama
DecidedJune 21, 1999
DocketCiv.A. 98-T-300-S
StatusPublished
Cited by9 cases

This text of 51 F. Supp. 2d 1315 (Black v. M.G.A., Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. M.G.A., Inc., 51 F. Supp. 2d 1315, 1999 U.S. Dist. LEXIS 9582, 1999 WL 427543 (M.D. Ala. 1999).

Opinion

ORDER

MYRON H. THOMPSON, District Judge.

Plaintiff Jacqueline Black brought this lawsuit by filing a complaint under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 1981a, 2000e to 2000e-17, and 42 U.S.C.A. § 1981 against her employer, defendant M.G.A., Inc. Black claimed that M.G.A. discriminated against her in pay and that her supervisor retaliated against her for complaining about discrimination. She sought injunc-tive and declaratory relief as well as compensatory and punitive damages. On January 21, 1999, pursuant to Federal Rule of Civil Procedure 68, Black accepted an offer of judgment from M.G.A. in the amount of $ 5,000.00, exclusive of reasonable attorneys’ fees and expenses, and a judgment was entered to that effect.

This lawsuit is now before the court on a motion by Black for attorneys’ fees and expenses pursuant to the Civil Rights Attorney’s Fee Award Act of 1976, as amended (42 U.S.C.A. § 1988), and Title VII (42 U.S.C.A. § 2000e-5(k)), in which Black requests a total of $ 58,470.18 for attorneys’ fees ($ 53,244.99) and expenses ($ 5,225.19). For reasons to follow, the court concludes that the motion should be granted to the extent that Black is entitled to recover attorneys’ fees and expenses in the amount of $ 15,581.90.

Section 1988 provides that, in civil-rights actions, including those under § 1981 and Title VII, “the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs.” Title VII contains a similarly worded attorneys’ fee provision. See 42 U.S.C.A. § 2000e-5(k). M.G.A. does not contest that Black is the prevailing party. Rather, M.G.A. argues that, because Black obtained only limited success, she should recover only low or no attorneys’ fees.

As this court has stated repeatedly, the starting point in setting any attorney’s fee is determining the “lode *1317 star” figure — that is, the product of the number of hours reasonably expended to prosecute the lawsuit and. the reasonable hourly rate for work performed by similarly situated attorneys in the community. See Norman v. Housing Authority of the City of Montgomery, 836 F.2d 1292, 1299 (11th Cir.1988); accord Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983). The fee applicant bears the burden of “establishing entitlement and documenting the appropriate hours and hourly rates.” Norman, 836 F.2d at 1303. After calculating the lodestar fee, the court should then proceed with an analysis of whether any portion of this fee should be adjusted, upwards or downwards. See Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 565-66, 106 S.Ct. 3088, 3098, 92 L.Ed.2d 439 (1986); see also Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987); Hensley, 461 U.S. at 433-34, 103 S.Ct. at 1939-40.

In making the above determinations, the court is guided by the 12 factors set out in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974). 1 See Blanchard v. Bergeron, 489 U.S. 87, 91-92, 109 S.Ct. 939, 943-44, 103 L.Ed.2d 67 (1989); Hensley, 461 U.S. at 434 n. 9, 103 S.Ct. at 1940 n. 9. These factors are: (1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the skill required to perform the legal services properly; (4) the preclusion of other employment by the attorney due to acceptance of the case; (5) the customary fee in the community; (6) whether the fee is fixed or contingent; (7) time limitations imposed by-the client or circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the ‘undesirability’ of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cáses. These Johnson factors may “be considered in terms of their influence on the lodestar amount.” Norman, 836 F.2d at 1299.

■ 1. Reasonable Hours

Five attorneys — Sandra Reiss, Jill Rad-win, Michael C. Quinn, Deborah A. Matti-son, and Rocco Calamusa — represented Black in this matter. Reiss and Radwin were the primary attorneys on the case. The attorneys seek compensation for the following hours:

Reiss 187.82

Radwin 85.13

Quinn 8.50

Mattison 16.34

Calamusa 1.10

The court will consider two Johnson factors — the time and labor required, and the novelty and difficulty of the case — -in assessing the reasonableness of the hours claimed by Black’s attorneys. 2 .

M.G.A. raises the following specific objections to the hours billed by Black’s attorneys:

• M.G.A. objects to all of the time entries for Quinn, Mattison, and Cala-musa, arguing that the case was not sufficiently complex to warrant the use of more than two attorneys. “However, ‘[t]here is nothing inherently unreasonable about a client having multiple attorneys.’.” American Civil Liberties Union of Georgia v. Barnes, 168 F.3d 423, 432 (11th Cir.1999) (quoting Norman, 836 F.2d at 1302). The hours of multiple attorneys are recoverable as long as the fee claimant shows that the time spent by those attorneys “reflects the distinct contribution of each lawyer to *1318 the case and is the customary practice of multiple-lawyer litigation.” Id.
Attorney Quinn: The billing records indicate that all of Quinn’s 8.5 hours were spent shortly before the scheduled trial date, reviewing the pretrial order, discussing the case with Reiss, and reading the summary-judgment briefs, all in preparation for trial, and discussing settlement with Reiss. Reiss contends that she and Quinn, an experienced trial attorney, were to try the case together, without Radwin, despite Radwin’s position as a primary attorney on the case, because Radwin had no experience in jury trials or employment-discrimination trials. Black argues that it is reasonable and customary to bring in an experienced trial attorney to try a case.

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Cite This Page — Counsel Stack

Bluebook (online)
51 F. Supp. 2d 1315, 1999 U.S. Dist. LEXIS 9582, 1999 WL 427543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-mga-inc-almd-1999.