Eades v. Kennedy, PC. Law Offices

343 F. Supp. 3d 104
CourtDistrict Court, W.D. New York
DecidedDecember 7, 2018
Docket12-CV-6680L
StatusPublished
Cited by18 cases

This text of 343 F. Supp. 3d 104 (Eades v. Kennedy, PC. Law Offices) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eades v. Kennedy, PC. Law Offices, 343 F. Supp. 3d 104 (W.D.N.Y. 2018).

Opinion

DAVID G. LARIMER United States District Judge

Plaintiff Joni Eades ("plaintiff") and Levere C. Pike, Jr. (now deceased) brought this action against Kennedy, PC Law Offices, a debt collection firm, alleging claims of unfair debt collection practices pursuant to the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. Familiarity with the procedural history of the matter is presumed.

After six years of litigation, following which a single claim remained, the parties settled that claim by stipulation (the "Settlement") dated August 21, 2018. (Dkt. # 85-1). Pursuant to the Settlement, defendant agreed to pay Eades' costs and reasonable attorney's fees, as determined by the Court.

To that end, on September 28, 2018 (Dkt. # 87), plaintiff moved for an award of attorney's fees in the amount of $130,850.00, representing over 370 billable hours, plus $6,243.26 in expenses. Defendant opposes the motion, arguing that plaintiff's two sets of counsel engaged in duplicative efforts, incurred unnecessary costs, and protracted the litigation by failing to file a pleading which stated a viable cause of action until three-and-a-half years into the action, after the majority of the attorney's fees that are now sought had already been incurred. Defendants also emphasize that the amount of attorney's fees requested is grossly disproportionate to the $13,500.00 settlement amount.1

In the Second Circuit, "[t]he lodestar approach governs the initial estimate of reasonable fees." Grant v. Martinez , 973 F.2d 96, 99 (2d Cir.1992). Under this approach, "the number of hours reasonably expended on the litigation [are] multiplied by a reasonable hourly rate." Hensley v. Eckerhart , 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) ; Grant , 973 F.2d 96 at 99. The Court has broad discretion to determine whether the hours expended and the rates charged are *107reasonable, and the fee applicant has the burden to establish the reasonableness of both. Hensley , 461 U.S. 424 at 433, 103 S.Ct. 1933 ; Arbor Hill Concerned Citizens Neighborhood Association v. County of Albany , 522 F.3d 182, 190 (2d Cir. 2008). Application of the lodestar "creates a presumptively reasonable fee." Goser v. Allied Interstate, LLC , 2013 WL 2181760 at *1, 2013 U.S. Dist. LEXIS 71097 at *2 (S.D.N.Y. 2013).

In determining the reasonable number of hours that the case required, the Court "should exclude from this initial fee calculation hours that were not 'reasonably expended' due to reasons such as overstaffing, unnecessarily contentious conduct, and unsuccessful claims." Savino v. Computer Credit , 71 F.Supp.2d 173, 175 (E.D.N.Y. 1999). "The critical inquiry is 'whether, at the time the work was performed, a reasonable attorney would have engaged in similar time expenditures.' " Reiter v. Metro. Transp. Auth. of State of N.Y. , 2007 WL 2775144 at *9, 2007 U.S. Dist. LEXIS 710008 at *29 (S.D.N.Y. 2007) (quoting Grant , 973 F.2d 96 at 99 ). Rather than weighing the reasonableness of each individual time entry, the Court may exclude excessive and unreasonable hours from a fee request by making an across-the-board reduction in the amount of hours for which compensation is sought. See Kirsch v. Fleet St. Ltd. , 148 F.3d 149, 173 (2d Cir. 1998).

In considering the reasonableness of the market rate sought to be charged, the Court may consider the complexity and difficulty of the case, the expertise and capacity of counsel, the resources required to effectively prosecute the matter, the timing demands of the case, the attorney's interest in achieving the ends of the litigation, whether the attorney was acting pro bono , and other benefits expected by the attorney as a result of the representation. See Arbor Hill , 522 F.3d 182 at 190.

On review of plaintiff's submissions and considering the procedural history of this case, it is manifest to the Court that the hours expended by counsel were significantly more extensive than necessary. Plaintiff's counsel are experienced and well-versed in prosecuting debt collection cases in federal court, yet the overwhelming majority of the 370+ hours of billable time spent by counsel in this matter was directed toward the prosecution and/or appeal of claims that were insufficiently stated or untimely. While the law in the Second Circuit is clear that a plaintiff may recover attorney's fees for "hours spent on unsuccessful claims ... if the claims are inextricably intertwined and involve a common core of facts," such circumstances were not present here, where the successful claim related solely to defendant's having brought an action against plaintiffs in an improper venue, while the several unsuccessful claims related to specific debt collection practices by the defendant. Reiter,

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Bluebook (online)
343 F. Supp. 3d 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eades-v-kennedy-pc-law-offices-nywd-2018.