Cooper v. Retrieval-Masters Creditors Bureau, Inc.

338 F. Supp. 3d 729
CourtDistrict Court, E.D. Illinois
DecidedMay 21, 2018
Docket16 C 2827
StatusPublished
Cited by5 cases

This text of 338 F. Supp. 3d 729 (Cooper v. Retrieval-Masters Creditors Bureau, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooper v. Retrieval-Masters Creditors Bureau, Inc., 338 F. Supp. 3d 729 (illinoised 2018).

Opinion

Gary Feinerman, United States District Judge

Jack Cooper sued Retrieval-Masters Credit Bureau ("RMCB"), alleging a violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. Doc. 1. The court granted Cooper summary judgment as to liability, and the case proceeded to a damages trial. Docs. 46-47 (reported at 2017 WL 2404952 (N.D. Ill. June 2, 2017) ). The jury awarded Cooper $500 in statutory damages and zero actual damages, and judgment was entered in that amount. Docs. 94, 96. Cooper now moves under 15 U.S.C. § 1692k(a)(3) for an award of $65,357.90 in attorney fees and $1,042.37 in costs. Doc. 98. The motion is granted in part and denied in part.

Background

The factual backdrop of this suit is set forth in the court's summary judgment opinion, familiarity with which is assumed. Cooper filed suit in early March 2016; as permitted by 15 U.S.C. § 1692k(a), he sought statutory and actual damages and attorney fees. Doc. 1. Some five months later, at a July 28, 2016 settlement conference before Magistrate Judge Finnegan, RMCB offered to settle for $500 in damages plus the reasonable attorney fees and costs that Cooper had incurred to date. Doc. 112 at 8; Doc. 129 at 15-16; Doc. 129-1 at 18. Cooper rejected the offer. Doc. 129 at 16. As noted, the jury ultimately awarded Cooper $500 in statutory damages-half the $1,000 maximum authorized by 15 U.S.C. § 1692k(a)(2)(A) -and zero actual damages. Docs. 93-94.

Discussion

"Plaintiffs who prevail under the [FDCPA] are entitled to an award of costs and reasonable attorney's fees." Schlacher v. Law Offices of Phillip J. Rotche & Assocs., P.C. , 574 F.3d 852, 856 (7th Cir. 2009). The parties agree that Cooper qualifies for a fee and cost award, Doc. 112 at 8, but dispute its proper amount.

I. Attorney Fees

"Although there is no precise formula for determining a reasonable fee, the district court generally begins by calculating the lodestar-the attorney's reasonable hourly rate multiplied by the number of hours reasonably expended." Schlacher , 574 F.3d at 856 (citing Hensley v. Eckerhart , 461 U.S. 424, 433-37, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) ); see also Gastineau v. Wright , 592 F.3d 747, 748 (7th Cir. 2010) ("The touchstone for a district court's calculation of attorney's fees is the lodestar method, which is calculated by multiplying a reasonable hourly rate by the number of hours reasonably expended."). "[T]he lodestar figure is just the starting point." Thorncreek Apartments III, LLC v. Mick , 886 F.3d 626, 638 (7th Cir. 2018) (internal quotation marks omitted). After calculating the lodestar, "[t]he district court may then adjust that figure to reflect various factors including the complexity of the legal issues involved, the degree of success obtained, and the public *733interest advanced by the litigation." Schlacher , 574 F.3d at 856-57.

A. Calculating the Lodestar

1. Hours Reasonably Expended

RMCB "must pay for hours reasonably expended by [Cooper's counsel]. That means [RMCB] is not required to pay for hours that are 'excessive, redundant, or otherwise unnecessary.' " Johnson v. GDF, Inc. , 668 F.3d 927, 931 (7th Cir. 2012) (quoting Hensley , 461 U.S. at 434, 103 S.Ct. 1933 ). The procedural history of this case bears greatly on the amount of attorney time for which Cooper should be compensated.

The key aspects of the procedural history are these: in late July 2016, Cooper rejected an offer to settle the case for $500 in damages plus reasonable attorney fees and costs, and at trial more than a year later, he obtained ... $500 in damages. Doc. 94. The congruence between RMCB's offer and the jury verdict matters. In Moriarty v. Svec , 233 F.3d 955 (7th Cir. 2000) ( Moriarty II ), the Seventh Circuit held that "[s]ubstantial settlement offers should be considered by the district court as a factor in determining an award of reasonable attorney's fees, even where Rule 68 does not apply." Id. at 967. Significant for present purposes, the court explained that "an offer is substantial if ... the offered amount appears to be roughly equal to or more than the total damages recovered by the prevailing party." Ibid. "In such circumstances, a district court should reflect on whether to award only a percentage (including zero percent) of the attorney's fees that were incurred after the date of the settlement offer." Ibid. "If the district court chooses to use a substantial offer as a cut-off point for the award of attorneys' fees ...

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Cite This Page — Counsel Stack

Bluebook (online)
338 F. Supp. 3d 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-retrieval-masters-creditors-bureau-inc-illinoised-2018.