Henderson v. S & K Security Consultants, Inc.

District Court, D. Maryland·Decided August 25, 2025·No. 8:21-cv-02484·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ) KATRINA HENDERSON, ) Plaintiff, Civil Action No. 21-cv-02484-LKG Vv. Dated: August 25, 2025 S & K SECURITY CONSULTANTS, INC., et al., ) Defendants. a) MEMORANDUM OPINION 1. INTRODUCTION This civil action involved claims that the Defendant, S & K Security Consultants, Inc. (“S & K”), failed to pay the Plaintiff, Katrina Henderson, certain overtime pay, in violation of the Fair Labor Standards Act, (the “FLSA”), 29. U.S.C. § 201, et seq.; the Maryland Wage Hour Law (the “MWHL”), Md. Labor and Empl. Code Ann. § 3- 401, et seq.; the Maryland Wage Payment and Collection Law (the “MWPCL”), Md. Labor & Empl. Code Ann. § 3-501, et seq.; the District of Columbia Minimum Wage Act Revision Act of 1992 (the “DCMWA”), D.C. Code §§ 32-1001, et seg.; and the District of Columbia Wage Payment and Wage Collection Act (the “DCWPA”), D.C. Code §§ 32-1301, et seg. ECF No. 1. Pending before the Court is the Plaintiff's motion for attorneys’ fees and costs, brought pursuant to the FLSA and District of Columbia law. ECF No. 30. No hearing is necessary to resolve the motion. See L. R. 105.6 (D. Md. 2025). For the reasons that follow, the Court: (1) GRANTS the Plaintiff's motion for attorneys’ fees and costs (ECF No. 30) and (2) AWARDS the Plaintiff $25,477.50 in attorneys’ fees and $1,018.39 in costs. Il. FACTUAL AND PROCEDURAL BACKGROUND This civil action involved claims that S & K failed to pay the Plaintiff certain overtime pay, in violation of the FLSA and District of Columbia law. ECF No. 1. On January 13, 2025, the Court entered a default judgment against S & K on the Plaintiff's claims. ECF No. 28. Specifically, the Court determined that the Plaintiff had prevailed on her claims brought pursuant

to the FLSA and District of Columbia law, because she had shown that S & K failed to compensate her for certain overtime hours worked in excess of 40 hours per week. See id. at 10- 15. And so, the Court awarded the Plaintiff unpaid wages, liquidated damages and reasonable attorneys’ fees and costs. Id. On January 29, 2025, the Plaintiff filed a motion for attorneys’ fees and costs, seeking to recover $25,477.50 in attorneys’ fees and $1,018.39 in costs, pursuant to the FLSA and District of Columbia Law. ECF No. 30. In support of this motion, the Plaintiff represents that her Counsel performed substantial work to litigate this case, including, but not limited to: (1) initial case intake and investigation to develop the case; (2) the drafting and filing of the complaint; and (3) the drafting and filing a motion for default judgment. ECF No. 30 at 2-3. The Plaintiff also represents that her Counsel reviewed billing records and drafted the pending motion for attorneys’ fees and costs. /d. at 3. In this regard, the Plaintiff's Counsel represents to the Court that the attorneys and legal assistants working on this case expended 111.2 hours on the case, which have been billed at the hourly rates shown below:

Person Rate Hours Amt. Billed Angiee Rosario $100.00 0.3 $30.00 Bridget Pepe $100.00 0.7 $70.00 Caitlin Keating $100.00 2.7 $270.00 Edmund Celiesius $225.00 84.7 $19,057.50 Geidsha Diaz $100.00 0.6 $60.00 Jason Brown $475.00 3.6 $1,710.00 Nicholas Conlon $300.00 12.1 $3,630.00 Osmara Suazo $100.00 6.2 $620.00 Vanessa Reyes $100.00 0.1 $10.00 Wascar Guerrero $100.00 0.2 $20.00 Grand Total 111.2 $25,477.50

Id. at 3; see also ECF No. 30-1 at ¥ 2. The Plaintiffs Counsel has also submitted billing records to the Court that show the specific time spent by the attorneys and legal assistants on each specific task. See ECF No. 30-2. And so, the Plaintiff seeks to recover $25,477.50 in attorneys’ fees from S & K. ECF No. 30 at 1; ECF No. 30-1 at 2.

The Plaintiff seeks to recover $1,018.39 in costs from S & K for the following items: (1) $402.00 for the filing of the complaint; (2) $200.00 for the pro hac vice admission of Edmund Celiesius (ECF No. 6) and Nicholas Conlon (ECF No. 26); (3) $370.44 in process server fees; and (4) $45.95 in postage costs. ECF No. 30 at 5; ECF No. 30-1 at § 4. Il. LEGAL STANDARDS A. Attorneys’ Fees And Costs The FLSA provides that the Court “shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and the costs of the action.” 29 U.S.C. § 216(b). The United States Court of Appeals for the Fourth Circuit has explained that “[t]here are two main methods for calculating the reasonableness of attorney’s fees—the lodestar method and the percentage-of-recovery method.” McAdams v. Robinson, 26 F.4th 149, 162 (4th Cir. 2022). Given this, the Court may choose the method that it deems appropriate based on its judgment and the facts of the case. Jd. Under the lodestar method for calculating and awarding attorneys’ fees, the Court multiplies the number of reasonable hours expended by a reasonable hourly rate. Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235, 243 (4th Cir. 2009). The burden is on the fee applicant to produce evidence establishing the reasonableness of their hourly rate and the reasonableness of their requested hours. McAfee v. Boczar, 738 F.3d 81, 91 (4th Cir. 2013); Robinson, 560 F.3d at 244 (citation omitted); Marsh v. Bottoms Up Gentlemen’s Club, LLC, No. CV EA-23-1157, 2025 WL 2049980, at *8 (D. Md. July 22, 2025) (citation omitted). To determine what is reasonable in terms of the hours expended by counsel and the hourly rate charged, the Court considers the following 12 factors set forth in Johnson v. Georgia Highway Express Inc., 488 F.2d 714, 717-19 (Sth Cir. 1974), and adopted by the Fourth Circuit in Barber v. Kimbrell’s Inc., 577 F.2d 216, 226 n. 28 (4th Cir. 1978): (1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney’s opportunity costs in pressing the instant litigation; (5) the customary fee for like work; (6) the attorney’s expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit arose; (11) the

nature and length of the professional relationship between attorney and client; and (12) attorneys’ fees awards in similar cases. Robinson, 560 F.3d at 243-244 (quoting Barber v. Kimbrell’s Inc., 577 F.2d 216, 226 n. 28 (4th Cir. 1978)). The Court is not required to analyze each of these factors individually, or to examine every factor. Martin v. Mecklenburg Cnty., 151 Fed. Appx. 275, 283 (4th Cir. 2005). Once the lodestar figure is calculated, the Court “subtract[s] fees for hours spent on unsuccessful claims unrelated to successful ones” and awards “some percentage of the remaining amount, depending on the degree of success enjoyed by the plaintiff.” Robinson, 560 F.3d at 243-44 (internal quotation marks omitted).

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Henderson v. S & K Security Consultants, Inc., (D. Md. 2025).

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