Bratton v. Thomas Law Firm, PC

943 F. Supp. 2d 897, 2013 WL 1891364, 2013 U.S. Dist. LEXIS 64080
CourtDistrict Court, N.D. Indiana
DecidedMay 3, 2013
DocketCause No. 1:12-CV-169-TLS
StatusPublished
Cited by15 cases

This text of 943 F. Supp. 2d 897 (Bratton v. Thomas Law Firm, PC) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bratton v. Thomas Law Firm, PC, 943 F. Supp. 2d 897, 2013 WL 1891364, 2013 U.S. Dist. LEXIS 64080 (N.D. Ind. 2013).

Opinion

OPINION AND ORDER

THERESA L. SPRINGMANN, District Judge.

This matter is before the Court on a Motion for Attorneys’ Fees and Costs [ECF No. 12] filed by the Plaintiff, Richard Bratton, on September 12, 2012. The Plaintiff attached numerous exhibits to his Motion, including a Bill of Costs [ECF No. 12-17]. The Plaintiff asks the Court to award him $3,062.50 in attorneys’ fees and $425.00 in costs. The Defendants filed a Response [ECF No. 13] on September 26, challenging portions of the attorneys’ fees request and the Bill of Costs. The Plaintiff filed a Reply [ECF No. 14] along with an additional exhibit on October 3. The Plaintiffs Motion is now ripe for ruling.

BACKGROUND

On May 25, 2012, the Plaintiff filed a Complaint [ECF No. 1] bringing suit against the Defendants, Thomas Law Firm, PC, and Total Recovery Services, Inc., under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. The Plaintiffs Complaint alleged that the Defendants violated the FDCPA by, inter alia, placing telephone calls without meaningfully disclosing the caller’s identity; falsely representing the character, amount, or legal status of the Plaintiffs alleged debt; using false representations and deceptive practices in connection with collection of an alleged debt from the Plaintiff; failing to notify the Plaintiff during each collection contact that the communication was from a debt collector; and misrepresenting that Defendant Total Recovery would be granted a judgment if the Plaintiff did not pay the alleged debt; all in violation of § 1692. (Compl. 5-13, ECF No. 1.) The Defendants filed an Answer [ECF No. 3] on August 1, 2012, and an Amended Answer [ECF No. 7] on August 2. On August 6, the Defendants served counsel for the Plaintiff with a Rule 68 Offer of Judgment [ECF No. 10-1], offering to allow judgment to be entered against them for $1,010.00, plus “[c]osts incurred by the Plaintiff as of the date of this Offer, including reasonable] attorneys’ fees to be determined by the Court.” The Plaintiff accepted the Defendants’ Offer of Judgment and filed a Notice of Acceptance [ECF No. 10] on August 20. The Clerk accordingly entered judgment against the Defendants on August 29. Because the parties were unable to reach an agreement concerning attorneys’ fees and the Bill of Costs, the Plaintiff filed the Motion for Attorneys’ Fees and Costs [ECF No. 12] on September 12.

DISCUSSION

Plaintiffs who prevail under the FDCPA are entitled to an award of costs and reasonable attorneys’ fees. 15 U.S.C. § 1692k(a)(3); Schlacher v. Law Offices of Phillip J. Rotche & Assocs., P.C., 574 F.3d 852, 856 (7th Cir.2009). Such an award is mandatory. Zagorski v. Midwest Billing Servs., Inc., 128 F.3d 1164, 1166 (7th Cir.1997). The general rule for calculating attorneys’ fee awards under fee shifting statutes is applicable to attorneys’ fees awards under the FDCPA. Gastineau v. Wright, 592 F.3d 747, 748^9 (7th Cir.2010). The starting point for calculating awards of attorneys’ fees is the lodestar method, which requires calculation of a reasonable hourly rate multiplied by the number of hours reasonably expended on the litigation. Johnson v. GDF, Inc., 668 F.3d 927, 929 (7th Cir.2012). The Court may exercise its discretion to “adjust [the lodestar] figure to reflect various factors including the complexity of the legal issues involved, the degree of success obtained, [902]*902and the public interest advanced by the litigation.” Gastineau, 592 F.3d at 748. “The standard is whether the fees are reasonable in relation to the difficulty, stakes, and outcome of the case.” Connolly v. Nat’l Sch. Bus. Serv., Inc., 177 F.3d 593, 597 (7th Cir.1999) (quoting Bankston v. Illinois, 60 F.3d 1249, 1256 (7th Cir.1995)). In determining a reasonable amount of attorneys’ fees, “the district court must demonstrate that it has considered the proportionality of attorneys’ fees to the total damage award.” Moriarty v. Svec II, 233 F.3d 955, 963 (7th Cir.2001). The Seventh Circuit has mandated that district court orders should “evidence increased reflection before awarding attorney’s fees that are large multiples of the damages recovered or multiples of the damages claimed.” Id. at 968. Ultimately, the party seeking an award of attorneys’ fees bears the burden of proving the reasonableness of the hours worked and the hourly rates claimed. Spegon v. Catholic Bishop of Chi., 175 F.3d 544, 550 (7th Cir.1999).

A. Reasonableness of Hourly Rates

Generally, a reasonable hourly rate for an attorney is based on what the attorney charges and receives in the market from paying clients for the same type of work. Pickett v. Sheridan Health Care Ctr., 664 F.3d 632, 640 (7th Cir.2011). A plaintiff bears the burden of producing satisfactory evidence that the hourly rate is reasonable and in line with those prevailing in the community. Id. If a plaintiff satisfies this burden, the opposing party must offer evidence setting forth “a good reason why a lower rate is essential.” Id. (internal quotation and citation omitted).

The Plaintiff has provided the Court with a Statement of Services [ECF No. 12-11], a Firm Résumé [ECF No. 12-12], the Declaration of attorney Marshall Meyers [ECF No. 12-13], the Declaration of attorney Joe Panvini [ECF No. 12-14], a Consumer Law Attorney Fee Survey Report [ECF No. 12-15], the Declaration of attorney Todd Friedman [ECF No. 12-16], and a Bill of Costs [ECF No. 12-17]. These exhibits detail the time and work performed and the hourly rates charged. The Consumer Law Attorney Fee Survey Report contains an array of information on attorney fees charged in different United States jurisdictions. Attorney Friedman, in his Declaration, states that he finds the hours worked and rates charged by the Plaintiffs attorneys and paralegals to be reasonable based on his knowledge of similar federal consumer law cases. In his Motion for Attorneys’ Fees and Costs, the Plaintiff also incorporates the Laffey Matrix 2003-2011, a matrix that lists the average billable rates for attorneys and paralegals in the Washington, DC, area based on years of experience. (Mot. for Attorneys’ Fees and Costs 13-15, ECF No. 12.) See Laffey v. Nw. Airlines, Inc., 572 F.Supp. 354, 371 (D.D.C.1983) (comparing average hourly rates), rev’d in part on other grounds, 746 F.2d 4 (D.C.Cir.1984), cert. denied, 472 U.S. 1021, 105 S.Ct. 3488, 87 L.Ed.2d 622 (1985). The Court has carefully reviewed these submissions.

The Plaintiff is represented by the law firm of Weisberg & Meyers, LLC.

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943 F. Supp. 2d 897, 2013 WL 1891364, 2013 U.S. Dist. LEXIS 64080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bratton-v-thomas-law-firm-pc-innd-2013.