Johnson v. Columbia Debt Recovery LLC

District Court, W.D. Washington·Decided July 12, 2021·No. 2:20-cv-00573·Unknown

Opinion

6 UNITED STATES DISTRICT COURT AT SEATTLE 8 ANTONIO JOHNSON AND OLIVIA 9 PULOKA, NO. 2:20-cv-00573-RSM

10 Plaintiffs, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR 11 vs. ATTORNEY’S FEES AND COSTS

12 COLUMBIA DEBT RECOVERY, LLC dba GENESIS CREDIT MANAGEMENT, LLC, 13 Defendant. 14

15 This matter comes before the Court on Plaintiffs Antonio Johnson and Olivia Puloka’s 16 Motions for Attorney’s Fees and Costs. Dkt. #34. This Motion is unopposed by Defendant. 17 Dkt. #35. The Court previously ruled that Plaintiffs were entitled to their attorney’s fees and 18 costs pursuant to 15 U.S.C. § 1692k. Dkt. #32. 19 District courts have broad discretion to determine the reasonableness of fees. Gates v. 20 Deukmejian, 987 F.2d 1392, 1398 (9th Cir. 1992). To make this determination, courts determine 21 the “lodestar amount,” which is calculated by multiplying the number of hours reasonably 22 expended by a reasonable hourly rate. Camacho v. Bridgeport Fin., Inc., 523 F.3d 973, 978 (9th 23 Cir. 2008). The lodestar figure is presumptively a reasonable fee award. Id. at 977. The court 1 may adjust the lodestar figure up or down based upon the factors listed in Kerr v. Screen Extras 2 Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975). The court need not consider the Kerr factors, 3 however, unless necessary to support the reasonableness of the fee award. Cairns v. Franklin 4 Mint Co., 292 F.3d 1139, 1158 (9th Cir. 2002). 5 The Court finds that the hourly rates of $460 for Mr. Anderson and $405 for Mr. Santiago

6 are reasonable based on the experience, skill, and education of each attorney. The Court finds 7 that the hours incurred by Plaintiffs’ counsel (28.9 hours for Mr. Anderson and 95.2 hours for 8 Mr. Santiago) were reasonable, and in any event are unopposed by Defendant. 9 The Court finds that the costs requested, $531.59, were reasonable and necessarily 10 incurred by Plaintiffs in the successful prosecution of this case. For the sake of judicial 11 economy, the Court awards these costs now in the amount of $531.59. 12 Accordingly, having reviewed the Motion, attached declarations and exhibits, and the 13 remainder of the record, the Court hereby FINDS and ORDERS: 14 1. Plaintiffs’ Motion, Dkt. #34, is GRANTED. Defendant Columbia Debt Recovery,

15 LLC shall pay the total amount of $52,381.59 (calculated as $51,850.00 in attorney’s 16 fees and $531.59 in costs) to Anderson Santiago, PLLC within 30 days of this order. 17 2. If the amount remains unpaid after the passage of 30 days, Plaintiffs may apply to this 18 Court to reduce this order to a judgment, including a request for any fees or costs 19 incurred in doing so. 20 DATED this 12th day of July, 2021. 21 A 22 RICARDO S. MARTINEZ 23 CHIEF UNITED STATES DISTRICT JUDGE

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Related

Camacho v. Bridgeport Financial, Inc.
523 F.3d 973 (Ninth Circuit, 2008)
Cairns v. Franklin Mint Co.
292 F.3d 1139 (Ninth Circuit, 2002)
Kerr v. Screen Extras Guild, Inc.
526 F.2d 67 (Ninth Circuit, 1975)
Gates v. Deukmejian
987 F.2d 1392 (Ninth Circuit, 1992)