Conner v. Mid South Insurance Agency

943 F. Supp. 663, 1996 U.S. Dist. LEXIS 15489, 1996 WL 604243
CourtDistrict Court, W.D. Louisiana
DecidedMay 10, 1996
DocketCivil Action No. 92-0076
StatusPublished
Cited by1 cases

This text of 943 F. Supp. 663 (Conner v. Mid South Insurance Agency) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conner v. Mid South Insurance Agency, 943 F. Supp. 663, 1996 U.S. Dist. LEXIS 15489, 1996 WL 604243 (W.D. La. 1996).

Opinion

RULING

LITTLE, District Judge.

In our Findings of Fact and Conclusions of Law issued on 14 December 1995, we indicated that an award of attorneys fees to plaintiff was appropriate in this matter pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1132(g). For the reasons stated below, at this time we award $151,-880.55 in attorneys fees to plaintiff Eddie Conner.1

I.

The Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. is a comprehensive scheme to regulate numerous issues related to the administration of employee benefit plans. Ingersoll-Rand v. McClendon, 498 U.S. 133, 137, 111 S.Ct. 478, 482, 112 L.Ed.2d 474 (1991). Prominent in this regard is ERISA’s “ ‘carefully integrated’ civil enforcement scheme.” Id. Congress chose to permit private parties to enforce many of the provisions of ERISA, and therefore it provided that in actions by participants, beneficiaries,or fiduciaries, successful claimants might recover a “reasonable” attorney fee for their efforts.2 29 U.S.C. § 1132(g); see Chambless v. Masters, Mates & Pilots Pension Plan, 815 F.2d 869, 872 (2d Cir.1987) (“attorney fee provisions should be liberally construed to protect the statutory purpose of vindicating retirement rights, even when small amounts are involved”). If “a plaintiff has obtained excellent results, his attorney should recover a fully compensatory fee,” Blum v. Stenson, 465 U.S. 886, 901, 104 S.Ct. 1541, 1550, 79 L.Ed.2d 891 (1994), but not a windfall. See Leroy v. Houston, 906 F.2d 1068, 1078 (5th Cir.1990).

The Supreme Court has endorsed a two-step process to be used in setting reasonable attorneys fees. See Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 564, 106 S.Ct. 3088, 3097, 92 L.Ed.2d 439 (1986) (Delaware Valley I). The first step is to establish the “lodestar,” which is the product of reasonable hours expended on the litigation multiplied by a reasonable hourly rate. Delaware Valley I, 478 U.S. at 564, 106 S.Ct. at 3097; Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 323-24 (5th Cir.1995), cert. denied L.K Comstock & Co., Inc. v. Louisiana Power & Light, — U.S. -, 116 S.Ct. 173, 133 L.Ed.2d 113 (1995). The lodestar is then presumed to be a reasonable fee. Delaware Valley I, 478 U.S. at 565, 106 S.Ct. at 3098. The second step is to consider whether the lodestar should be adjusted upward or downward to take special circumstances into account. Delaware Valley I, 478 U.S. at 565, [666]*666106 S.Ct. at 3098; Louisiana Power & Light, 50 F.3d at 324.

We must walk a fine line where federal fee-shifting statutes are concerned. While we do not wish to discourage excellent attorneys from taking the time to prepare properly and present issues in ways that are most helpful to the court, “[a] firm must furnish a reasonable balance between providing adequate legal services and the cost of the same, especially when the client hopes to- shift the fee burden.” New York State Teamsters v. DePerno, 856 F.Supp. 725, 727 (N.D.N.Y.1994). As required by the Fifth Circuit, we examine each of the items to which opposing counsel objects. Louisiana Power, 50 F.3d at 324-26.

II. The “lodestar”

Four persons or groups of persons did legal work for Eddie Conner in this ease: the trial attorney G. Bruce Kuehne, his partner Robert Schmidt, unnamed paralegals/law students/contract attorneys, and a national legal research service. The research service billed a flat rate of $394.23, which this court accepts as reasonable in lieu of objections from defendants. As to the others, plaintiff has allocated hours and requested a different rate for each.

A. Reasonable hours

Plaintiff’s attorneys billed the following number of hours:

Robert Schmidt: 88 hours
G. Bruce Kuehne 967 hours
Paralegal/contract: 67 hours

Defendants make a number of objections to these proposed hour assignments.

Defendants first argue that plaintiffs attorneys’ bills suffer from vagueness, making it difficult to tell how time was spent and how much time was spent on each individual task. The Fifth Circuit frowns on record notations such as “work on brief’ or “review for oral argument” as well as consolidating individual items into one large block of time for each day. Leroy, 906 F.2d at 1080.

Billing specificity is important, but attorneys cannot be required to spend all their time laboring over time descriptions. Louisiana Power & Light, 50 F.3d at 327. Again, this is an area where we must walk a fine line between the need make a meaningful review of the billing information and excessive stinginess. Schmidt and Kuehne’s bills are arguably guilty of the vagueness criticized in Leroy, but we do not adjust their requested hours on that account. Defendants have pointed out several instances of “work on memo” notations, but the general nature of the work done is apparent from context. The firm also consolidated all the time billed for any one day into a total, with an accompanying notation listing all the activities done in one day. This does make evaluating the appropriateness of the time spent on any one project problematic, but we conclude that the daily totals are reasonable.

Defendants also point to several instances of apparently duplicative work by plaintiffs’ attorneys. The first type involves G. Bruce Kuehne’s work on four of the most important briefs in the litigation. Defendants have calculated the amount of time attributable to each brief.

Memorandum Defendants’ As corrected calculations by Plaintiff
Motion for summary judgment 106.05 101.25
(27 July 1992)
Motion for summary judgment 47.25 46.75
(2 February 1994)
Pre-trial statements 3 86.75 77.25
Post-trial memorandum 88.75 88.75
Research (not specified 4) 159.00 60.75
TOTAL 487.80 374.75

Happily for the parties and the court, plaintiff developed a theory of the case early in the litigation and stuck with it through two motions for summary judgment and trial.

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943 F. Supp. 663, 1996 U.S. Dist. LEXIS 15489, 1996 WL 604243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-mid-south-insurance-agency-lawd-1996.