Midwest Disability Initiative v. Nelmatt, LLC

344 F. Supp. 3d 1047
CourtDistrict Court, D. Maine
DecidedSeptember 26, 2018
DocketCase No. 16-CV-1890 (PJS/KMM)
StatusPublished
Cited by4 cases

This text of 344 F. Supp. 3d 1047 (Midwest Disability Initiative v. Nelmatt, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Midwest Disability Initiative v. Nelmatt, LLC, 344 F. Supp. 3d 1047 (D. Me. 2018).

Opinion

Patrick J. Schiltz, United States District Judge

Plaintiffs Michael Marchand and the Midwest Disability Initiative (collectively "Marchand") brought this action against defendant Nelmatt, LLC ("Nelmatt"), the owner of the real property on which Matt's Bar and Grill ("Matt's Bar") is located. Marchand alleged (among other things) that Matt's Bar was not in compliance with the accessibility requirements of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181 et seq. After Nelmatt failed to appear, the Court granted Marchand's motion for a default judgment and ordered Nelmatt "to make the alterations or modifications necessary to ensure that ... the premises of 'Matt's Bar' ... are fully in compliance with the accessibility requirements of Title III of [the ADA] and its implementing regulations[.]" ECF No. 26 at 1-2.

This matter is before the Court on Marchand's motion for an award of attorney's fees under 42 U.S.C. § 12205. ECF No. 29.1 Marchand seeks attorney's fees in *1049the amount of $11,220.00.2 ECF No. 30 at 5. Nelmatt appeared in this action after judgment was entered for the purpose of opposing Marchand's request for attorney's fees. ECF No. 36. Nelmatt argues that Marchand is not entitled to recover any attorney's fees and, even if he is, that the amount of fees he is seeking is unreasonable. After reviewing the materials submitted by the parties, the Court agrees with Marchand that he is entitled to recover attorney's fees, agrees with Nelmatt that the amount that Marchand requested is unreasonable, and finds that Marchand is entitled to recover $6,750.

I. PREVAILING PARTY

Under the ADA, "the court ... in its discretion, may allow the prevailing party ... a reasonable attorney's fee, including litigation expenses[.]" 42 U.S.C. § 12205. Nelmatt contends that Marchand was not a "prevailing party" because the Court merely entered a default judgment in his favor. See ECF No. 36 at 2-3 (arguing that "[p]laintiff[s] did not secure a judgment on the merits" or prevail on their claims because Nelmatt "already had an obligation to be in compliance with .. the ADA" and the Court "d[id] not state that [Nelmatt] is not in compliance").

The Court disagrees. The Supreme Court has instructed that "plaintiffs may be considered 'prevailing parties' for attorney's fees purposes if they succeed on any significant issue ... which achieves some of the benefit the parties sought in bringing suit." Hensley v. Eckerhart , 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) (quoting Nadeau v. Helgemoe , 581 F.2d 275, 278-79 (1st Cir. 1978) ). Given this "generous formulation," id. , Marchand easily qualifies as a "prevailing party."

According to the facts pleaded in Marchand's amended complaint-facts that must be treated as true because of Nelmatt's default, see Martinizing Int'l, LLC v. BC Cleaners, LLC , 855 F.3d 847, 850 (8th Cir. 2017) -Matt's Bar was not in compliance with the ADA. ECF No. 10. Marchand obtained from the Court a judgment ordering Nelmatt to bring Matt's Bar into compliance. That judgment was indeed on the merits. See, e.g. , Brown v. Kenron Aluminum & Glass Corp. , 477 F.2d 526, 531 (8th Cir. 1973) ("A judgment by default is as conclusive an adjudication of the issues for purposes of res judicata as a judgment rendered after a trial on the merits. The allegations of the complaint, in effect, become findings of fact." (citations omitted) ). And "that enforceable judgment[ ] on the merits ... create[d] the *1050'material alteration of the legal relationship of the parties' necessary to permit an award of attorney's fees." Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res. , 532 U.S. 598, 604, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001) (quoting Tex. State Teachers Ass'n. v. Garland Indep. Sch. Dist. , 489 U.S. 782, 792-93, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989) ).

Prior to entry of the injunction, Marchand and others like him could not patronize Matt's Bar because of its violations of the ADA; after Matt's Bar was enjoined to comply with the ADA, Marchand and others like him could patronize the bar. ECF No. 10 at ¶¶ 3, 34, 40-44. Marchand was clearly a "prevailing party" for purposes of § 12205, and thus he is entitled to recover reasonable attorney's fees.

II. REASONABLE ATTORNEY'S FEES

The starting point for calculating a reasonable fee award is the lodestar-the number of hours reasonably expended multiplied by a reasonable hourly rate. See Pennsylvania. v. Del. Valley Citizens' Council for Clean Air

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344 F. Supp. 3d 1047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midwest-disability-initiative-v-nelmatt-llc-med-2018.