Mary Jane CURTIS, Plaintiff-Appellant, v. BILL HANNA FORD, INC., Defendant-Appellee

822 F.2d 549, 1987 U.S. App. LEXIS 9932, 44 Empl. Prac. Dec. (CCH) 37,359, 49 Fair Empl. Prac. Cas. (BNA) 1597
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 24, 1987
Docket86-4686
StatusPublished
Cited by27 cases

This text of 822 F.2d 549 (Mary Jane CURTIS, Plaintiff-Appellant, v. BILL HANNA FORD, INC., Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mary Jane CURTIS, Plaintiff-Appellant, v. BILL HANNA FORD, INC., Defendant-Appellee, 822 F.2d 549, 1987 U.S. App. LEXIS 9932, 44 Empl. Prac. Dec. (CCH) 37,359, 49 Fair Empl. Prac. Cas. (BNA) 1597 (5th Cir. 1987).

Opinion

EUGENE A. WRIGHT, Circuit Judge.

Mary Jane Curtis appeals a partial award of attorneys fees after the district court found against Bill Hanna Ford, Inc., in a sex discrimination suit. The appeal raises these issues: (1) whether the trial judge may sua sponte reduce the amount requested in an unopposed motion for fees and costs; (2) whether the judge may do so without an evidentiary hearing; and (3) whether the judge may use the factors set forth in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974), to reduce the lodestar, deny recovery for all time claimed by co-counsel, reduce lead counsel’s hourly rate, and deny recovery for costs. We affirm the judgment of the district court as modified.

FACTS

Curtis sued Bill Hanna Ford, Inc., alleging that it had failed to promote her because of her sex and that it later discharged her for complaining of its failure, in violation of the Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e to 2000e-17. After a short bench trial, the district court awarded Curtis reinstatement and $81,-106.62 in damages.

Curtis moved for an award of attorney’s fees and costs pursuant to 42 U.S.C. § 2000e-5(k). The motion asked $49,793.00 as compensation for the services of four attorneys for 415.9 hours at rates ranging from $100 to $125 per hour. Henry Walker, the lead counsel who conducted the trial, submitted claims for 320.1 hours at $125.00 per hour. George M. Strickler, Jr., a law professor at Tulane University Law School with whom Walker consulted, submitted claims for 25.3 hours at $100.00 per hour. Laurie Lyons, who helped to assess Curtis's damages and attempted to negotiate a settlement, as well as attended trial, submitted claims for 60.8 hours at $105.00 per hour. Rebecca Hudsmith, who helped to calculate the proposed settlement amount and prepared trial documents, submitted her affidavit for 9.7 hours at $100.00 per hour. In addition to fees, Curtis requested compensation for $4,969.89 in out-of-pocket expenses. Hanna did not oppose the motion for fees and costs, and the district court did not conduct a hearing on it.

Finding that an award of reasonable attorney’s fees was proper, the district court *551 determined that reasonable fees were 263.8 hours at a rate of $100.00 per hour. Because the case was not complex or demanding, the court calculated the reasonable hours by excluding as redundant the time that counsel other than Walker spent, time related to consulting with the civil rights expert, Professor Strickler, and that related to representation at an EEOC hearing. The court also assessed the requested expenses item-by-item to determine that reasonable expenses were $1,633.41.

Hanna has satisfied the judgment. Curtis appeals the district court’s failure to award her the full amount of attorney’s fees and costs requested.

ANALYSIS

I. Standard of Review

The Civil Rights Act of 1964, Title VII, § 706(k), 42 U.S.C. § 2000e-5(k), provides:

In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs____

The award of attorney’s fees under Title VII plainly is committed to the district court’s discretion. Abrams v. Baylor College of Medicine, 805 F.2d 528, 535 (5th Cir.1986); EEOC v. Tarrant Distrib., Inc., 750 F.2d 1249, 1251 (5th Cir.1984). We may order the district court to recalculate the total award of fees only if it abused its discretion. Brantley v. Surles, 804 F.2d 321, 327 (5th Cir.1986), clarified by, Cobb v. Miller, 818 F.2d 1227 (5th Cir.1987). However, we review the findings of fact underlying the calculation of the award to see whether they are clearly erroneous. Id.

II. Reduction of Unopposed Request

Curtis asserts that the court erred in adjusting the requested fees and costs when the motion for fees was unopposed. Curtis would have the district court award the amounts requested in its unopposed motion without any judicial supervision.

42 U.S.C. § 2000e-5(k) does not permit the award of any fees requested, but only of “reasonable attorney’s fees.” It also entrusts the award of fees to the court’s discretion. The defendant’s silence on the motion for fees cannot be equated with consent. Instead of increasing their financial burden by continued opposition, defendants may rely on the court’s exercise of sound judgment as to what is reasonable. The district court may, consistent with the statute, examine the reasonableness of the fees requested, even when the request is not opposed. Piambino v. Bailey, 610 F.2d 1306, 1328 (5th Cir.1980), (court fell into serious error when it did not apply the factors of Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir. 1974), to assess the reasonableness of an unopposed settlement as to fees), cert. denied, 449 U.S. 1011, 101 S.Ct. 568, 66 L.Ed.2d 469 (1980) (Piambino I); Clairborne v. Illinois Central R.R., 583 F.2d 143, 155 (5th Cir.1978) (finding no abuse of discretion in trial court’s disallowance of hours undocumented even though defendant did not contest time), cert. denied, 442 U.S. 934, 99 S.Ct. 2869, 61 L.Ed.2d 303 (1979).

III. Evidentiary Hearing

Curtis argues she was entitled to an evidentiary hearing. However, she does not indicate what she could provide that she has not already presented to the court in her Memorandum in Support of Motion for Attorney’s Fees and Expenses and in her counsels’ affidavits. Nor did Curtis request a hearing before the district court. She relied only on her memorandum and affidavits. Because she did not request a hearing and relied instead on the district court’s supervisory discretion, a hearing was not mandated. See Doyle v. United States, 817 F.2d 1235, 1237 (5th Cir.1987) (a judge may rely on unopposed affidavits and is not required to hold hearing to set attorney’s fees for Fed.R.Civ.P. 11 purposes); Sorola v. City of Lamesa, 808 F.2d 435

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822 F.2d 549, 1987 U.S. App. LEXIS 9932, 44 Empl. Prac. Dec. (CCH) 37,359, 49 Fair Empl. Prac. Cas. (BNA) 1597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-jane-curtis-plaintiff-appellant-v-bill-hanna-ford-inc-ca5-1987.