Daenzer v. Wayland Ford, Inc.

210 F.R.D. 202, 2002 U.S. Dist. LEXIS 17217, 2002 WL 31086306
District Court, W.D. Michigan·Decided September 9, 2002·No. No. 1:01-CV-133·Published·Cited by 4 cases

Opinion

OPINION

ENSLEN, District Judge.

This matter is before the Court on Plaintiffs Revised Motion for Partial Summary Judgment On The Issue of Damages. Plaintiff, as class representative, was previously granted summary judgment on the issue of liability as to her Truth in Lending Act (TILA) claim, her Michigan Consumer Protection Act (MCPA) claim, and her Motor Vehicle Installment Sales Contract Act (MVISCA) claim.

I. Facts

The Court relies on its previous recitations of the relevant facts in other Opinions issued in this matter.

II. Standard of Review

Summary judgment is proper if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The initial burden is on the movant to specify the basis upon which summary judgment should be granted and to identify portions of the record which demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the non-movant to come forward with specific facts, supported by the evidence in the record, upon which a reasonable jury could find there to be a genuine fact issue for trial. Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If, after adequate time for discovery on material matters at issue, the non-movant fails to make a showing sufficient to establish the existence of a material disputed fact, summary judgment is appropriate. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548.

III. Analysis

A. Plaintiffs Claim for Costs and Attorney’s Fees Under TILA

Plaintiff seeks the statutory damages available under TILA, pursuant to 15 U.S.C. § 1640(a)(2)(B), and not actual damages. In the case of a class action, statutory damages are limited to the lesser of $500,000 or 1 percent of the net worth of the creditor. 15 U.S.C. § 1640(a)(2)(B). Plaintiff and the class cannot recover statutory damages from Defendant because the parties do not dispute that Defendant has a negative net worth.

Plaintiff also seeks the costs of the action and a reasonable attorney’s fee, as provided by 15 U.S.C. § 1640(a)(3). Defendant argues that because only “successful” plaintiffs should receive costs and an attorney’s fee, Plaintiff is not entitled to this relief. 15 U.S.C. § 1640(a)(3). Defendant asserts that Plaintiff and the TILA Class have not been “successful” because they will not recover any damages on the TILA claim.

Neither of the Supreme Court cases cited by Defendant discussing the definition of “prevailing party” in 42 U.S.C. § 1988 [204]*204awards, or cases from other courts discussing § 1988, have any bearing on this case, since under TILA, the relevant inquiry is what constitutes a “successful action.” Compare Farrar v. Hobby, 506 U.S. 103, 114, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992); Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), with 15 U.S.C. § 1640(a)(3).

In fact, in de Jesus v. Banco Popular de Puerto Rico, a case also cited by Defendant, the First Circuit stated,

The language in section 1640(a) unequivocally entitles a successful Truth-in-Lending plaintiff to an award of attorney’s fees, and leaves only the amount of the award to the court’s discretion. Defendant has cited us no authority contrary to this view of the language, and we have found none. That this provision plainly requires an award of attorney’s fees is made all the more obvious through a comparison with the language in 42 U.S.C. § 1988, a similar statute authorizing an award of attorney’s fees to prevailing plaintiffs in civil rights suits brought, inter alia, under 42 U.S.C. § 1983. Section 1988 expressly provides that a court, “[i]n any action or proceeding to enforce a provision of section[ ] ... 1983 ... in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs.”

de Jesus, 918 F.2d 232, 233-34 (1st Cir.1990) (emphasis added in original). Given the soundness of this reasoning, it seems obvious that Plaintiff’s attorneys are entitled to costs and a fee, since Plaintiff won summary judgment on the issue of whether Defendant was violating TILA.

Based on the de Jesus case, Defendant argues the amount of damages recovered by Plaintiff and the class is relevant to the size of the attorney’s fee. de Jesus, 918 F.2d at 234 (finding that the Supreme Court has held “unanimously that the degree of the plaintiffs success in relation to the other goals of the lawsuit is a factor critical to the determination of the size of a reasonable fee, not to eligibility for a fee award at all”). This Court notes that the de Jesus Court also said, “The court must, however, upon proper proof, award attorney’s fees to a prevailing plaintiff sufficient to vindicate the Congressional goal of creating a system of private attorneys general to aid in effective enforcement of the Truth in Lending Act.” Id. at 235 (internal quotations omitted).

Finally, the Sixth Circuit has affirmed the award of costs and a reasonable attorney’s fee even where those amounts well exceeded the recovery in a TILA case. Purtle v. Eldridge, 91 F.3d 797, 802 (6th Cir.1996). The Sixth Circuit squarely said, “The attorney’s fees are not limited by the amount of Purtle’s recovery.” Id. Here, Plaintiff won summary judgment on the TILA claim, and the only reason she is denied statutory damages is because of the financial situation of Defendant. This circumstance does not make her claim any less worthy or Defendant’s conduct any less a violation of federal law.

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Daenzer v. Wayland Ford, Inc., 210 F.R.D. 202, 2002 U.S. Dist. LEXIS 17217, 2002 WL 31086306 (W.D. Mich. 2002).

210 F.R.D. 202 (Daenzer v. Wayland Ford, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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