Cledin Emilson Arredondo Esquivel v. East Coast Tree Care, Inc., Sharon Catherine Schmitt, and Michelle Marie Sheckells

CourtDistrict Court, D. Maryland
DecidedMarch 9, 2026
Docket1:24-cv-00304
StatusUnknown

This text of Cledin Emilson Arredondo Esquivel v. East Coast Tree Care, Inc., Sharon Catherine Schmitt, and Michelle Marie Sheckells (Cledin Emilson Arredondo Esquivel v. East Coast Tree Care, Inc., Sharon Catherine Schmitt, and Michelle Marie Sheckells) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cledin Emilson Arredondo Esquivel v. East Coast Tree Care, Inc., Sharon Catherine Schmitt, and Michelle Marie Sheckells, (D. Md. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

CLEDIN EMILSON * ARREDONDO ESQUIVEL, * Plaintiff, * v. Civil No. RDB-24-304 * EAST COAST TREE CARE, INC., SHARON CATHERINE SCHMITT, * and MICHELLE MARIE SHECKELLS, * Defendants. * * * * * * * * * * * * * * MEMORANDUM OPINION The Court approved a settlement agreement in this wage-and-hour suit on December 2, 2024. (ECF No. 23.) The agreement stipulated to the award of $38,000.00 to Plaintiff Cledin Emilson Arredondo Esquivel (“Esquivel”), but left the matter of attorneys’ fees and costs for the parties to negotiate on their own. (ECF No. 22 at 1.) When they could not settle that question, Esquivel filed a Motion to Award Attorneys’ Fees, seeking fees in the amount of $37,256.50, plus $1,252.12 in costs. (ECF No. 25 at 1.) On July 29, 2025, the Court issued a Memorandum Opinion and Order granting his motion. (ECF No. 32.) The Court did not, however, award Esquivel the entire amount of fees sought. (Id.) Instead, after considering multiple factors from the twelve-step analysis in Johnson v. Ga. Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974),1 as adopted by the United States Court of Appeals for the Fourth Circuit 1 The twelve factors set out in Johnson are: “(1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney’s opportunity costs in pressing the instant litigation; in Barber v. Kimbrell’s, Inc., 577 F.2d 216, 226 n.28 (4th Cir. 1978), the Court determined that the proper award of attorneys’ fees was $22,330.98 plus $1,252.12 in costs. (Id.) In reaching that decision, the Court found “presumptively reasonable” the then-exisiting fee matrix of the

Local Rules of this District. (Id.) Less than one month later, on August 22, 2025, Esquivel filed the pending Motion for Reconsideration of the Court’s Award of Attorneys’ Fees and Costs pursuant to Federal Rule of Civil Procedure 59(e). See (ECF No. 34). Specifically, he asks the Court to reconsider its award of attorneys’ fees and costs based on his assertion that the Court made a clear error of law in finding the District of Maryland’s fee matrix “presumptively reasonable.” (Id.) He asks

the Court to recalculate a proper rate for fees and then to recalculate his award of attorneys’ fees. The Court has reviewed the parties’ submissions; no hearing is necessary. See Loc. R. 105.6 (D. Md. 2025). For the following reasons, the Motion for Reconsideration of the Court’s Award of Attorneys’ Fees and Costs (ECF No. 34) is GRANTED. The Court amends its award of attorneys’ fees from $22,330.98 to $25,192.30, and amends its award of court costs from $1,252.12 to $1,126.90.

BACKGROUND On January 30, 2024, Plaintiff Cledin Emilson Arredondo Esquivel filed this three- count lawsuit against his employers, East Coast Tree Care, Incorporated, Sharon Catherine

(5) the customary fee for like work; (6) the attorney’s expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit arose; (11) the nature and length of the professional relationship between attorney and client; and (12) attorneys’ fees awards in similar cases.” See Xiao-Yue Gu v. Hughes STX Corp., 127 F. Supp. 2d 751, 764 (D. Md. 2001) (quoting EEOC v. Serv. News Co., 898 F.2d 958, 965 (4th Cir. 1990)). Schmitt, and Michele Marie Sheckells, claiming that they failed to pay him overtime in violation of § 216(b) of the Fair Labor Standards Act of 1938, 28 U.S.C. §§ 201–219, and § 3-427(d)(1)(iii) of the Maryland Wage and Hour Law, Md. Code Ann., Lab. & Empl. §§ 3-

401 et seq. See generally (ECF No. 1). On October 30, 2024, the parties filed a joint motion for judicial approval of a settlement agreement (ECF No. 22), which this Court granted on December 2, 2024. (ECF No. 23.) The parties settled on damages to Plaintiff of $38,000.00. (ECF No. 22 at 1.) They had not settled on attorneys’ fees and costs, but advised the Court that they would do so on their own. (Id.) On January 23, 2025, after the parties were unable to reach an agreement on fees and

costs, Esquivel moved this Court to grant him an award of attorneys’ fees in the amount of $37,256.50, plus $1,252.12 in costs. (ECF No. 25-1 at 1.) Specifically, Esquivel sought the following:2 Category Requested Award Initial Investigation $1,045.50 Pleadings & Case Initiation $1,638.00 Case Management $2,732.50 Interpretation & Translation $4,104.00 Damages Calculation $1,854.00 Discovery $3,918.50 Motions $330.00 Settlement $15,517.50 Fee Petition $6,116.50 Costs $1,252.12 TOTAL AWARD SOUGHT $38,508.62 (Id. at 14–26.) 2 The Court lists the categories as Esquivel provided them. (ECF No. 25-1 at 14–26.) Defendants opposed the Motion. (ECF No. 28.) They argued that the simplicity of this litigation, including the straightforward calculation of damages, meant that Esquivel’s requested attorneys’ fees were too high. (Id.) They also argued that Esquivel’s attorneys had

overbilled, had an inappropriately high number of timekeepers, and repeatedly billed for non-compensable clerical tasks. (Id.) They also sought attorneys’ fees for themselves. (Id.) On July 29, 2025, the Court issued a Memorandum Opinion and Order. (ECF Nos. 32, 33.) After engaging in the factor-analysis from Johnson, the Court awarded Esquivel attorneys’ fees in the amount of $22,330.98 plus costs in the amount of $1,252.12. (Id.) In reaching those numbers, the Court left the following requested fees and costs categories in

place as requested by Esquivel: Category Requested Award Award Granted (ECF No. 32) Initial Investigation $1,045.50 $1,045.50 Pleadings & Case Initiation $1,638.00 $1,638.00 Case Management $2,732.50 $2,732.50 Motions $330.00 $330.00 Costs $1,252.12 $1,252.12 $6,998.12 $6,998.12 (Id.) The Court reduced the remaining categories of fees (specifically Interpretation & Translation, Damages Calculation, Discovery, Settlement, and Fee Petition) as follows: Category Requested Award Award Granted (ECF No. 32) Interpretation & Translation $4,104.00 $2,052.00 Damages Calculation $1,854.00 $1,000.00 Discovery $3,918.50 $1,000.00 Settlement $15,517.50 $10,086.38 Fee Petition $6,116.50 $2,446.60 AWARD SOUGHT $31,510.50 $16,584.98 (Id.) In making these reductions, the Court considered many of the Johnson factors. Specifically, the Court determined that Esquivel was not entitled to the full fee amount requested because the issues presented in this case were neither novel nor complex. Instead, the Court noted that

this case involved “a single plaintiff’s claim that he was not paid overtime.” (Id. at 4.) The Court identified other cases in this District in which Esquivel’s counsel has litigated attorneys’ fees stemming from very similar Fair Labor Standards Act and Maryland Wage and Hour Law claims. The Court also noted that most of the work in this case was done by Plaintiff’s counsel’s junior attorneys and paralegals. Finally, the Court determined that the requested fee rates were unreasonable. The Court relied on the fee-range matrix then-applicable in this

District’s Local Rules, calling it “presumptively reasonable.” (Id. at 5 (quoting Ledo Pizza Sys., Inc. v.

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Cledin Emilson Arredondo Esquivel v. East Coast Tree Care, Inc., Sharon Catherine Schmitt, and Michelle Marie Sheckells, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cledin-emilson-arredondo-esquivel-v-east-coast-tree-care-inc-sharon-mdd-2026.