Diaz v. Jiten Hotel Management, Inc.

822 F. Supp. 2d 74, 2011 U.S. Dist. LEXIS 128850, 2011 WL 5346033
District Court, D. Massachusetts·Decided November 8, 2011·No. Civil Action No. 08-10143-WGY·Published·Cited by 6 cases

Opinion

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

The plaintiff, Carmen Llerena Diaz (“Diaz”) filed this age discrimination action against Jiten Hotel Management, Inc. (“Jiten”) in January 2008. Since then, the case has seen more than three years of vigorous litigation by both sides. On April 4, 2011, at the end of a five-day trial, the jury awarded Diaz $7,650 in compensatory damages on her claim under Massachusetts General Laws, chapter 151B, section 9. She now moves for attorney’s fees and costs.

II. ANALYSIS

To award attorney’s fees, this Court must first determine if the fees are warranted, and, if they are, the Court must determine the amount of fees appropriate. Hensley v. Eckerhart, 461 U.S. [78]*78424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).

A. Entitlement to Attorneys’ Fees

Diaz moves for attorney’s fees under Massachusetts General Laws, chapter 151B, section 9, which states in relevant part: “If the court finds for the [plaintiff] it shall, in addition to any other relief and irrespective of the amount in controversy, award the [plaintiff] reasonable attorney’s fees and costs unless special circumstances would render such an award unjust.” The courts of the Commonwealth of Massachusetts have interpreted similar language in other attorney’s fees statutes to require a mandatory award of fees to a prevailing plaintiff. See Killeen v. Westban Hotel Venture, LP., 69 Mass.App.Ct. 784, 790, 872 N.E.2d 731 (2007) (interpreting statute stating that fees “shall be awarded” to be mandatory). Because Diaz was awarded damages, she is a prevailing party and is entitled to recover reasonable attorney’s fees and costs. See Farrar v. Hobby, 506 U.S. 103, 113, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992).

Jiten argues that such an award in this case would be unjust and ought not be made. See Def.’s Opp’n Pl.’s Mot. Att’y’s Fees and Costs 6-9, ECF No. 135 (“Def.’s Opp’n”). Under First Circuit precedent addressing the Civil Rights Attorney’s Fees Award Act, 42 U.S.C. § 1988, “special circumstances” can render a fee award unjust. See De Jesus Nazario v. Morris Rodriguez, 554 F.3d 196, 200 (1st Cir.2009). Specifically, Jiten asserts that Diaz ought not receive attorney’s fees because she gave false testimony at trial and because her requested fees are disproportionate to the relief she obtained.

The Court is not persuaded by either of Jiten’s arguments. First, the alleged false testimony by Diaz was more a matter of possible embellishment at trial rather than outright fabrication. For example, Diaz testified at trial that after a certain age-related comment, she was “feeling in more pain, humiliated.” Def.’s Opp’n 9 (citing Trial Tr. vol. 2, 42, March 22, 2011, ECF No. 127). Jiten contrasts this with Diaz’s deposition testimony that she was “a little bit upset” after that same incident. Id. (citing Diaz Dep. vol. 1, 68, Jan. 12, 2009, ECF No. 135-9). According to Jiten, “Diaz lied and intentionally altered her answers to garner as much sympathy from the jury as possible.” Id. This type of changed testimony, in the Court’s view, does not warrant a wholesale denial of attorney’s fees. Jiten had ample opportunity to cross-examine Diaz at trial, and did so quite extensively. Trial Tr. vol. 2, 81-100. Moreover, the jury ultimately found in favor of Diaz, implying that they credited her testimony to at least a significant degree. This Court will not now second guess the jury’s credibility determination and rule that any embellishments by Diaz were so severe as to render the attorney’s fee award unjust and warrant the denial of the fees.

Second, Jiten offers no legal support for its assertion that the amount requested by Diaz ought lead to denying all attorney’s fees. The argument that Diaz’s requested fees are unreasonable will be addressed below, where the Court determines the appropriate amount of the reward.

Because no special circumstances exist that would render the award of attorney’s fees to Diaz unjust, this Court rules that Diaz is entitled to recover reasonable attorney’s fees and the costs of the litigation, as mandated by Massachusetts General Laws, chapter 151B, section 9.

B. Calculation of Attorney’s Fees 1. Lodestar Calculation

The lodestar approach is the proper method to calculate attorney’s fees. [79]*79Marrotta v. Suffolk Cnty., 726 F.Supp.2d 1, 4 (D.Mass.2010). To calculate the appropriate fee amount, this Court must determine “the number of hours reasonably-expended on the litigation multiplied by a reasonable hourly rate.” Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 295 (1st Cir.2001) (quoting Hensley, 461 U.S. at 433, 103 S.Ct. 1933) (internal quotation marks omitted). The party seeking an award of attorney’s fees bears the burden of establishing and documenting the hours expended and the hourly rates charged. Torres-Rivera v. O’Neill-Cancel, 524 F.3d 331, 340 (1st Cir.2008).

a. Reasonable Hours Expended

Diaz bears the burden of proving reasonable attorney’s fees and with this burden comes an obligation to provide an accurate representation of the hours worked. See Grendel’s Den, Inc. v. Larkin, 749 F.2d 945, 952 (1st Cir.1984). A contemporaneous record of the hours worked is the best way for this Court to make an accurate calculation of the hours expended on the matter. See id.

Diaz’s Attorney, Lynn A. Leonard, submitted to the Court a contemporaneous record of the hours she worked on this case. See Mem. Law Supp. Pl.’s Mot. Att’y’s Fees and Costs, ECF No. 132-1, Ex. 1 (“Invoice I”); PL’s Mot. Am. Req. Att’y’s Fees and Costs, ECF No. 149-1, Ex. 1 (“Invoice II”). Leonard requests reimbursement for a total of 449.55 hours worked between July 2008 and April 2011, Invoice I at 12, and 15.80 post-trial hours woi'ked between April 2011 and June 2011. Invoice II at 1-2.

i. Travel Time

As an initial matter, the Court notes that, of the hours recorded by Attorney Leonard, 32.4 were spent traveling. If an attorney is simultaneously traveling and working on the ease, the attorney may be compensated at her normal rate. See Ryan v. Raytheon Data Sys. Co., 601 F.Supp. 243, 256 (D.Mass.1984) (Keeton, J.). If the attorney is merely traveling and not working on the case, however, courts in this circuit normally reduce the award for such hours by fifty percent. See id.; see also Maceira v. Pagan, 698 F.2d 38, 40 (1st Cir.1983); Chestnut v. Coyle, No. 99-10236, 2004 WL 438788, at *3 (D.Mass. Mar. 09, 2004) (Zobel, J.); Horney v. Westfield Gage Co.,

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Diaz v. Jiten Hotel Management, Inc., 822 F. Supp. 2d 74, 2011 U.S. Dist. LEXIS 128850, 2011 WL 5346033 (D. Mass. 2011).

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