Cullens v. Georgia Department of Transportation

827 F. Supp. 756, 1993 U.S. Dist. LEXIS 8959, 1993 WL 241172
CourtDistrict Court, M.D. Georgia
DecidedMarch 31, 1993
DocketCiv. A. C81-0084-MAC
StatusPublished
Cited by2 cases

This text of 827 F. Supp. 756 (Cullens v. Georgia Department of Transportation) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cullens v. Georgia Department of Transportation, 827 F. Supp. 756, 1993 U.S. Dist. LEXIS 8959, 1993 WL 241172 (M.D. Ga. 1993).

Opinion

ORDER

FORRESTER, District Judge.

This matter is before the court on Plaintiffs Bennie Cullens and James Gonder’s motion for attorney’s fees and costs under Title VII of the CM Rights Act of 1964. This court previously denied Plaintiffs’ motion for attorney’s fees and expenses under 42 U.S.C. § 1988 because Plaintiffs could not be considered “prevailing parties” on the class aspects of this case. Plaintiffs now seek to recover for work performed in successfully litigating the individual claims of Messrs. Cullens and Gonder. Judgment was entered in their favor, and Cullens was awarded $1,922.46 in back pay, and Gonder was awarded $5,384.93. In addition, the defendants were ordered to *758 change Gonder’s pay grade from Pay Grade 26, step 3, to Pay Grade 26, step 4, effective April 1, 1988. This court awarded them attorney’s fees and costs pursuant to Title VII, 42 U.S.C. § 2000e-5(k). The issue before this court, then, is the amount of attorney’s fees and costs to be awarded.

The present state of the law in our circuit in the award of attorney’s fees is found in Norman v. Housing Authority of City of Montgomery, 836 F.2d 1292 (11th Cir.1988). Plaintiffs request attorney’s fees in the amount of $116,376.00; paralegal fees in the amount of $1,366.00; and costs of $5,703.04. The court will first compute fees, under the teaching of Norman, and then consider an alternative approach.

I. ATTORNEY’S FEES

A. Reasonable Hourly Rate

To determine an objective estimate of the value of a lawyer’s services, a court must multiply the hours reasonably spent on a ease by a reasonable hourly rate. Norman, 836 F.2d at 1299. A reasonable rate is defined as “the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.” Id. The burden of producing satisfactory evidence that the requested rate is in line with the prevailing market rate rests on the movant. Id.

Plaintiffs request $175 per hour and submit supporting affidavits. Lawyer Richard H. Horder affirms that, in his opinion, the market rate for lawyers in employment discrimination cases in the Atlanta area ranges from $170 to $200 per hour and that $185 per hour would be appropriate in this matter. Lawyer Jeffrey O. Bramlett affirms that in employment discrimination cases of this complexity involving lawyers with more than fifteen years’ experience, the range of hourly rates is $175 to $325 per hour.

While also challenging the accuracy of these lawyers’ assertions, Defendants first contend that the prevailing rate should be that of Macon, Georgia. Plaintiffs disagree and have submitted the supporting affidavit of a Macon lawyer, Linda Mabry, who states that in 1981, when Plaintiffs’ attorney accepted this case, few lawyers in Macon did civil rights work. Plaintiffs also point to the fact that a- significant part of this case, which began in the Middle District of Georgia but which was taken over by the undersigned and tried, took place in Atlanta.

This court does not'find Plaintiffs’ argument persuasive. The presumption is that the rate of attorney’s fees is that of the place where the case was filed. Chrapliwy v. Uniroyal, Inc., 670 F.2d 760, 768 (7th Cir.1982); Maceira v. Pagan, 698 F.2d 38 (1st Cir.1983). The sheer fact that Plaintiffs consulted with an Atlanta lawyer, who happened to be representing some plaintiffs in another civil rights action and referred Plaintiffs in this action to a fellow Atlanta practitioner, is insufficient. Nor is the assertion that not too many lawyers were handling civil rights actions in Macon, Georgia, in 1981 enough. The individual claims in this Title VII case were not complex. Lawyer Linda Mabry’s statement that there were no attorneys in Macon handling “large” Title VII cases is also not applicable. The representation of these two individuals was not a large ease. Plaintiffs have not shown that they actually attempted to retain a Macon lawyer with experience in Title VII discrimination cases but failed. Absent evidence of such an attempt, Plaintiffs have failed to carry their burden of showing why a market rate other than that where the case was filed is appropriate. Thus, the prevailing rate in Macon applies.

Plaintiffs have not informed the court as to the prevailing market rate for Macon. This court can judicially notice the prevailing rate and set a reasonable fee. Norman, 836 F.2d at 1303. The court knows that the fees charged for an experienced attorney in Macon, Georgia, handling a Title VII case range from $100 to $150 per hour. Although Plaintiffs’ counsel has participated in a fair number of employment discrimination cases,, the court cannot say that this case was prosecuted with efficiency and great dispatch. As this writer noted in Norman, “legal skill may be a function of experience, but that is not always the case. Further, legal skill has no intrinsic value unless it is used to further a client’s interest, which is to obtain a just *759 result quickly and economically.” Id. at 1300. Although Plaintiffs’ counsel prevailed in these two claims, the time and effort expended for the results obtained do not reflect a practitioner at the peak of his practice. This is not to say that he performed inadequately, but rather to say that in a market he could not command the highest rate per hour. An hourly rate of $100 appropriately represents his efforts.

Defendants also object to the charging of all hours worked by Plaintiffs’ lawyer at a partner’s rate. They argue that much of the work could have been performed more than adequately by an associate billing at a lower rate. The question before the court, however, is not what the lawyer could have done, but rather what the lawyer actually did and whether it was reasonable. In this case the efforts expended at an hourly rate of $100 as enumerated below were reasonable. This rate is also less than the associate rate suggested by the defendants. The court, therefore, declines to bifurcate the rate charged by Plaintiffs’ attorney in this matter.

B. Hours Reasonably Expended

The next step is the ascertainment of reasonable hours. “Hensley teaches that ‘excessive, redundant or otherwise unnecessary’ hours should be excluded from the amount claimed.” Id. at 1301 (quoting Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983)).

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Bluebook (online)
827 F. Supp. 756, 1993 U.S. Dist. LEXIS 8959, 1993 WL 241172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullens-v-georgia-department-of-transportation-gamd-1993.