Merkel v. Scovill, Inc.

590 F. Supp. 529, 1984 U.S. Dist. LEXIS 16120, 35 Empl. Prac. Dec. (CCH) 34,630, 40 Fair Empl. Prac. Cas. (BNA) 1376
CourtDistrict Court, S.D. Ohio
DecidedJune 6, 1984
DocketNos. C-1-82-149 to C-1-82-151
StatusPublished
Cited by2 cases

This text of 590 F. Supp. 529 (Merkel v. Scovill, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merkel v. Scovill, Inc., 590 F. Supp. 529, 1984 U.S. Dist. LEXIS 16120, 35 Empl. Prac. Dec. (CCH) 34,630, 40 Fair Empl. Prac. Cas. (BNA) 1376 (S.D. Ohio 1984).

Opinion

OPINION AND ORDER AWARDING ATTORNEYS’ FEES

SPIEGEL, District Judge:

This matter came on for hearing on plaintiffs’ application for attorneys’ fees (doc. 80), defendant’s memorandum in opposition (doc. 84) and plaintiffs’ reply (doc. 89); and plaintiffs’ supplemental application for fees (doc. 130), defendant’s memorandum in opposition (doc. 137) and plaintiffs’ reply (doc. 140). Also before the Court are defendant’s supplemental memorandum (doc. 141) as leave to file that memorandum was granted in open court, and plaintiffs’ response (doc. 143).1 For rea[531]*531sons that follow, we find that plaintiffs are entitled to an award of attorneys’ fees in the amount of $125,896.02 and total costs of $5,399.65. The attorneys’ fee -award is based upon our conclusion that 1,310.25 hours is the amount of time reasonably expended in this litigation and that the hourly rates of from $65 to $100 an hour sought by plaintiffs are reasonable fees, and indeed may be somewhat less than the prevailing market rate in this community for civil rights attorneys with comparable qualifications. We further conclude that multiplying these hours times the rates stated results in án unreasonably low fee and accordingly have used an upwards adjustment factor of 25% in reaching the total fee award. We hold that an award of $125,896.02 is a reasonable attorneys’ fee for the work done in these three consolidated cases as that term has been construed by the United States Court in Blum v. Stenson, — U.S.-, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984), and Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).

I.

Each of the plaintiffs in these three consolidated cases brought suit under the federal Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. All three had pendent state claims. By the time of trial five claims remained. Plaintiffs Cain and Hughes had federal claims for discharge based upon age. Plaintiff Merkel had an ADEA claim for retaliatory discharge. In addition, Hughes had a claim for age discrimination pursuant to Ohio Rev.Code § 4101.17. Merkel had a state common-law claim for unlawful discharge on the theory that his discharge was based upon his refusal to commit perjury. On May 6, 1983 the jury returned a verdict for plaintiffs on all claims. In addition, with respect to the ADEA claims, the jury found that defendant acted willfully in discharging the plaintiffs. See Merkel v. Scovill, Inc., 570 F.Supp. 133 (S.D.Ohio 1983), app. pending; 570 F.Supp. 141 (S.D. Ohio 1983), app. pending.

On July 28, 1983, pursuant to a pretrial agreement by the parties, and following extensive post-trial briefing, the Court entered genera] verdicts consistent with special interrogatories answered by the jury (doc. 91). The Court ordered reinstatement of all three plaintiffs. We also ordered that the seniority status of each plaintiff and all rights related to that status be restored. 570 F.Supp. 143-44. In calculating the backpay awards, we declined to include the amount defendant would have paid for insurance premiums on behalf of the plaintiffs but did include medical expenses incurred by plaintiffs that would have been covered but for the discharges. 570 F.Supp. 145-46. In addition, we deducted the amount of unemployment compensation and interim earnings received by each plaintiff. 570 F.Supp. 146-49. Because the jury had concluded that the defendant’s discharge of each of the plaintiffs was willful, each plaintiff was awarded liquidated damages in an amount equal to his backpay award. 570 F.Supp. 149.

On November 2, 1983 the Court entered its decision denying defendant’s motion for judgment notwithstanding the verdict and/or new trial as to all plaintiffs’ ADEA claims (doc. 116). However, the motion for a judgment NOV as to plaintiff Merkel’s state claim was granted because we found that the evidence was insufficient to permit the jury to conclude that Merkel was discharged because he refused to commit perjury. In addition, the Court ordered a remittitur of $125,000 as to plaintiff Hughes’ state claim, a remittitur that was accepted by plaintiff. The parties subsequently submitted revised judgments based upon the Court’s opinions and orders that took into consideration the additional lapse of time. These judgments were adopted in their entirety by the Court November 29, 1983 (docs. 118, 119, 120, 121; doc. 36, C-l-82-150; doc. 35, C-l-82-151).

In sum then, the relief ordered included reinstatement of all three plaintiffs, an award of backpay from the date of discharge to the date of reinstatement for all three, liquidated damages in the amounts [532]*532of the backpay awards for all three and, in the case of plaintiff Hughes, an award of compensatory damages pursuant to his state claim in the amount of $125,000. The monetary judgments total approximately $260,000, exclusive of the value of reinstatement.

II.

Plaintiffs’ initial application seeks attorneys’ fees for the period between the filing of the action and the date of the jury verdict. The supplemental application covers the period from May 20, 1983 through December 30, 1983. Plaintiffs seek compensation for 1,391.05 hours of work by six attorneys whose normal hourly rate is stated as from $65 to $100 an hour and by one law clerk whose hourly rate is stated as $35. After calculating the fees that would be charged for each attorney’s work, plaintiffs reduced the amounts by 5% to eliminate any duplication inadvertently overlooked. The resulting figure is $106,-930.16, the lodestar amount, which represents a blended hourly rate of $76.87. Plaintiffs request that this lodestar amount be adjusted upwards 100% to compensate for exceptional success, the quality of services rendered, and the contingent nature of the litigation. Plaintiffs thus arrive at a total fee award of $213,860.32, which represents a blended hourly rate of $153.74. See plaintiffs’ exh. 1, doc. 140. Plaintiffs also seek total costs of $5,399.65.

Defendant acknowledges that the hourly rates used by plaintiffs are reasonable. Defendant also states that the hours claimed by plaintiffs are reasonable with two exceptions. Defendant argues that all hours spent on Merkel’s state claim for wrongful discharge should be eliminated as time spent on an unsuccessful claim and that all time spent on plaintiffs’ motion to amend the judgment (doc. 101) should be subtracted as duplicative. Defendant acknowledges that plaintiffs’ 5% reduction adequately compensates for any other duplication. Defendant’s primary objection to plaintiffs’ application is that plaintiffs are not entitled to any upward adjustment of the award. Defendant calculates that plaintiffs are thus entitled to a fee award of $85,791.55. It does not challenge the application for costs.

III.

Plaintiffs seek fees pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act of 1938 which provides that the Court shall award “a reasonable attorney’s fee” to prevailing plaintiffs and which has been incorporated in the ADEA. 29 U.S.C. § 626(b).2

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Bluebook (online)
590 F. Supp. 529, 1984 U.S. Dist. LEXIS 16120, 35 Empl. Prac. Dec. (CCH) 34,630, 40 Fair Empl. Prac. Cas. (BNA) 1376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merkel-v-scovill-inc-ohsd-1984.