Fontanillas-Lopez v. Morel Bauza Cartagena & Dapena LLC

59 F. Supp. 3d 420, 2014 U.S. Dist. LEXIS 162759, 2014 WL 6453880
District Court, D. Puerto Rico·Decided November 18, 2014·No. Civ. No. 12-1206(PG)·Published·Cited by 1 cases

Opinion

OPINION AND ORDER

JUAN M. PEREZ-GIMENEZ, District Judge.

Before the court is the defendants’ motion for attorney fees (Docket No. 98,) the plaintiffs response (Docket No. 103) and the defendants’ reply thereto (Docket No. 106). For the reasons explained below, the court GRANTS IN PART the defendants’ request.

[422]*422I. BACKGROUND

On March 23, 2012, plaintiff Lourdes del Rosario Fontanillas-Lopez (hereinafter “Plaintiff’ or “Fontanillas”), along with her parents Mildred Milagros Lopez and Luis Alfredo Fontanillas,1 filed the above-captioned claim pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.CA. § 2000e et seq. (“Title VII”), against Plaintiffs former employer Morell, Bauzá, Cartagena & Dapena (“MBCD” or “the Firm”) and individual defendants Pedro Antonio Morell (“Morell”), Antonio Bauzá (“Bauzá”), Edgardo Cartagena (“Cartage-na”), Ramon E. Dapena (“Dapena”), and Lourdes M. Vázquez (“Vázquez”) (collectively referred to as “Defendants”). The Plaintiff alleged she was the victim of discrimination on the basis of gender, a hostile work environment and retaliation for engaging in protected conduct. See Docket No. 1. The Plaintiff also invoked supplemental jurisdiction over her state law claims under several statutes.

On February 7, 2014, 995 F.Supp.2d 21 (D.P.R.2014), the court granted Defendants’ motion for summary judgment and dismissed Plaintiffs claims under Title VII with prejudice, and the supplemental state law claims without prejudice. See Docket No. 94. Having prevailed, the Defendants now seek to recover the attorney fees and costs incurred in their defense of Plaintiffs claims. See Docket No. 98. The Plaintiff opposed their motion arguing that the settlement negotiations that took place evince that her claim was not unfounded, frivolous or otherwise unreasonable; that the amount requested is excessive; and, that the request is inadequately documented. See Docket No. 103. The Defendants replied in turn. See Docket No. 106.

II. DISCUSSION

A. Attorney Fees

1. Fee Entitlement

Per the so-called “American Rule,” litigants must generally bear their own attorney fees and costs. See Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 415, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978); Bercovitch v. Baldwin School, 191 F.3d 8, 10 (1st Cir.1999). However, Congress has created an exception for prevailing parties in 42 U.S.C. § 1983 and Title VII cases, authorizing the award of attorney fees as part of the costs. 42 U.S.C. §§ 1988 and 2000e-5(k); see also Christiansburg Garment Co., 434 U.S. at 422, 98 S.Ct. 694; Tejada-Batista v. Fuentes-Agostini, 263 F.Supp.2d 321, 326 (D.P.R.2003). Insofar as this was an action under Title VII, the relevant statute provides that:

[i]n any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee ... as part of the costs,....

42 U.S.C. § 2000e-5(k).

“[A]n award of fees in favor of a prevailing'plaintiff in a civil rights suit is 'the rule, whereas fee-shifting in favor of a prevailing defendant is the exception.’ ” Lamboy-Ortiz v. Ortiz-Velez, 630 F.3d 228, 235-236 (1st Cir.2010) (citing Casa Marie Hogar Geriatrico v. Rivera-Santos, 38 F.3d 615, 618 (1st Cir.1994)); see also Irving v. Town of Camden, No. 12-1850, 2013 WL 7137518, at *1 (1st Cir. April 17, 2013). “The Supreme Court has held in a Title VII employment discrimination case that attorney’s fees may not be awarded to a prevailing defendant un[423]*423less there is a ‘finding that the plaintiffs action was frivolous, unreasonable, or without foundation’ or that ‘plaintiff continued to litigate after it clearly became so.’ ” Bercovitch, 191 F.3d at 10 (citing Christiansburg Garment Co., 434 U.S. at 421, 98 S.Ct. 694). See also Hensley v. Eckerhart, 461 U.S. 424, 429 n. 2, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) (“A prevailing defendant may recover an attorney’s fee only where the suit was vexatious, frivolous, or brought to harass or embarrass the defendant.”). Notwithstanding, the Supreme Court has cautioned district courts to “resist the understandable temptation to engage in post hoc reasoning by concluding1 that, because a plaintiff did not ultimately prevail, his action must have been unreasonable or without foundation.” Christiansburg Garment Co., 434 U.S. at 421-422, 98 S.Ct. 694.

In the case at hand, the Defendants clarify in their reply that their request for attorney fees is not grounded on the argument that the Plaintiffs suit was frivolous from the beginning. Instead, the Defendants contend that it became clear once discovery ensued that the Plaintiffs claim held no water. ' See Docket No. 106 at page 2 n. 1. Hence, the Defendants only seek to recover the attorney fees incurred for the work performed after they sent the Plaintiff a letter pursuant to Rule 11 of the Federal Rules of Civil Procedure.2 See id.

When considering the reasonableness of a plaintiffs decision to continue to litigate after a claim has clearly become frivolous, unreasonable or groundless as the basis for an attorney fees award, the First Circuit has held that a court must find, at a minimum, that “following the filing of the claim, circumstances changed to such an extent that a reasonable person could not help but conclude that the claim was no longer viable.” Lamboy-Ortiz, 630 F.3d at 242. “Such a change would include, for example, the receipt of evidence in the course of discovery establishing a complete defense, or a development in the controlling law that foreclosed the claim.” Id. In the course of this analysis, however, “[g]reat caution must be taken in assessing whether a claim ‘clearly’ became untenable prior to the close of suit because of the particular danger of hindsight logic.” Id. at 241.

The complaint in this case contained allegations stating that the Plaintiff was the victim of sex discrimination and retaliation in violation of Title VII on the part of the Defendants.

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Fontanillas-Lopez v. Morel Bauza Cartagena & Dapena LLC, 59 F. Supp. 3d 420, 2014 U.S. Dist. LEXIS 162759, 2014 WL 6453880 (prd 2014).

59 F. Supp. 3d 420 (Fontanillas-Lopez v. Morel Bauza Cartagena & Dapena LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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