Lee v. Krystal Co.

918 F. Supp. 2d 1261, 2013 WL 160452, 2013 U.S. Dist. LEXIS 6067
CourtDistrict Court, S.D. Alabama
DecidedJanuary 15, 2013
DocketCivil Action No. 11-0627-WS-C
StatusPublished
Cited by19 cases

This text of 918 F. Supp. 2d 1261 (Lee v. Krystal Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Krystal Co., 918 F. Supp. 2d 1261, 2013 WL 160452, 2013 U.S. Dist. LEXIS 6067 (S.D. Ala. 2013).

Opinion

ORDER

WILLIAM H. STEELE, Chief Judge.

This matter comes before the Court on plaintiffs Motion for Award of Attorney’s Fees (doc. 34) and Plaintiffs Supplementary Fee Petition (doc. 40). The attorney’s fee issue has been extensively briefed and is now ripe for disposition.

I. Relevant Background.

Plaintiff, Reena Lee, brought this action against The Krystal Company (“Krystal”) alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). The gravamen of Lee’s claims was that Krystal had failed to pay her straight-time wages that were due and owing, and that it had also failed to comply with FLSA record-keeping requirements.1

[1264]*1264On August 23, 2012, Krystal extended an Offer of Judgment to Lee in the amount of $1,218.00, exclusive of costs and attorney’s fees, pursuant to Rule 68(a), Fed.R.Civ.P. Lee timely accepted the Offer as representing “the full amount of the wages in controversy.” (Doc. 32.) By Order (doc. 33) dated August 28, 2012, the undersigned approved that settlement.

Left undecided by the Offer of Judgment and the August 28 Order were the issues of fees and costs, both of which Lee claims. In subsequent filings, Lee has requested an award of attorney’s fees and costs in the total amount of $30,105.87.2 For its part, Krystal opposes numerous aspects of Lee’s fee petition, urging the Court to trim her initial fee request by a robust 65% and to deny her supplemental petition altogether.3

II. Analysis.

A. Governing Legal Standard.

The text of the FLSA leaves no doubt that reasonable attorney’s fees and costs are to be awarded as a matter of course to prevailing plaintiffs. See 29 U.S.C. § 216(b) (when employer violates FLSA’s overtime or minimum-wage provisions, the court “shall ... allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action”); Kreager v. Solomon & Flanagan, P.A, 775 F.2d 1541, 1542 (11th Cir.1985) (“Section 216(b) of the [FLSA] makes fee awards mandatory for prevailing plaintiffs.”). Here, Krystal correctly concedes that Lee is a prevailing plaintiff who is therefore entitled to recover a reasonable fee under § 216(b). See doc. 36, at 18 (“Krystal does not dispute that Plaintiff may be awarded a reasonable attorneys fee.”). What Krystal stridently opposes, however, is the reasonableness of the sums claimed by Lee in her fee petition. As such, this analysis will focus squarely on the “reasonableness” requirement for FLSA fee recovery.

It is well established that “[t]he starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.... The product of these two figures is the lodestar and there is a strong presumption that the lodestar is the reasonable sum the attorneys deserve.” Bivins v. Wrap It Up, Inc., 548 F.3d 1348, 1350 (11th Cir. 2008) (internal citations and quotation marks omitted).4 Of course, “[t]he product of reasonable hours times a reasonable rate does not end the inquiry. There remain other considerations that may lead the district court to adjust the fee upward or downward.” Cullens v. Georgia Dep’t of Transp., 29 F.3d 1489, 1492 (11th Cir. 1994) (citation omitted); see also Association of Disabled Americans v. Neptune Designs, Inc., 469 F.3d 1357, 1359 (11th [1265]*1265Cir.2006) (“In calculating a reasonable attorney’s fee award, the court must multiply the number of hours reasonably expended on the litigation by the customary fee charged in the community for similar legal services to reach a sum commonly referred to as the ‘lodestar.’ ... The court may then adjust the lodestar to reach a more appropriate attorney’s fee, based on a variety of factors, including the degree of the plaintiffs success in the suit.”); Reynolds v. Alabama Dep’t of Transp., 926 F.Supp. 1448, 1453 (M.D.Ala. 1995) (“After calculating the lodestar fee, the court should then proceed with an analysis of whether any portion of this fee should be adjusted upward or downward.”).

In fixing a reasonable fee, courts in this Circuit consider the twelve factors articulated in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974), which are as follows: “1) the time and labor required; 2) the novelty and difficulty of the questions; 3) the skill requisite to perform the legal service properly; 4) the preclusion of other employment by the attorney due to the acceptance of the case; 5) the customary fee; 6) whether the fee is fixed or contingent; 7) time limitations imposed by the client or the circumstances; 8) the amount involved and the results obtained; 9) the experience, reputation and ability of the attorneys; 10) the ‘undesirability’ of the case; 11) the nature and length of the professional relationship with the client; and 12) awards in similar cases.” Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322, 1340 n. 7 (11th Cir.1999); see also Bivins, 548 F.3d at 1350 (“In determining what is a reasonable hourly rate and what number of compensable hours is reasonable, the court is to consider the 12 factors enumerated in Johnson.").

The Court’s examination of plaintiffs fee petition and supporting exhibits proceeds in recognition of these principles. The Court has weighed all of the Johnson factors in evaluating the reasonableness of the claimed hourly rates and compensable hours, and in determining whether upward or downward adjustment from the lodestar is appropriate.

B. Reasonable Hourly Rate.

Plaintiff requests a fee award calculated pursuant to the following hourly rates: Banks C. Ladd, Esq., $250.00; Mary Carol Ladd, Esq., $225.00; Stacie Vitello, Esq., $150.00; and Stephanie Booth, Esq., $150.

“A reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.” Norman v. Housing Authority of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir.1988). “The general rule is that the relevant market for purposes of determining the reasonable hourly rate for an attorney’s services is the place where the case is filed.” American Civil Liberties Union of Georgia v. Barnes, 168 F.3d 423, 437 (11th Cir.1999) (citation and internal quotation marks omitted).

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918 F. Supp. 2d 1261, 2013 WL 160452, 2013 U.S. Dist. LEXIS 6067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-krystal-co-alsd-2013.