Perry v. Isle of Wight Cnty.

311 F. Supp. 3d 751
District Court, E.D. Virginia·Decided April 26, 2018·No. CIVIL ACTION NO. 2:15:cv204·Published·Cited by 2 cases

Opinion

Raymond A. Jackson, United States District Judge

Before the Court is the petition of Lisa T. Perry's ("Plaintiff") Motion for Further Relief. ECF No. 72. Plaintiff, by counsel, requests further relief in the form of pre-judgment interest, in addition to Plaintiff's Motion for Attorneys' Fees and Costs. Id. ; ECF No. 70. Both of these Motions stem from successfully suing the Isle of Wight County ("Defendant") for failing to reinstate Plaintiff in violation of the Family Medical Leave Act ("FMLA"). Plaintiff was employed by Defendant and was not reinstated to her position after her FMLA leave ended. These matters have been fully briefed and are ripe for disposition. A hearing will not aid judicial determination. For the reasons set forth herein, Plaintiff's Motion for Further Relief is GRANTED in part and DENIED in part and Plaintiff's Motion for Attorneys' Fees is GRANTED in part and DENIED in part.

I. PROCEDURAL HISTORY

On May 12, 2015, Defendant removed this action from Isle of Wight Circuit Court. ECF No. 1. On October 28, 2015, *754Plaintiff filed an Amended Complaint alleging that Defendant had engaged in (1) retaliation in violation of the FMLA and (2) failure to reinstate in violation of the FMLA. ECF No. 16. On January 24, 2017, after full briefing by the parties, the Court granted in part and denied in part Defendant's Motion for Summary Judgment. ECF No. 48. The Court dismissed Count I of the Amended Complaint, leaving Count II as the only remaining claim of the Amended Complaint. Id. The Court held a bench trial on March 7, 2017. ECF No. 59. On August 10, 2017, the Court issued its Findings of Fact and Conclusions of Law, as required by Rule 52(a) of the Federal Rules of Civil Procedure. ECF No. 68. The Court found Defendant liable for violating the FMLA and entered judgement for Plaintiff, in the amount of $747,320.66. Id.

Plaintiff filed a Motion for Attorneys' Fees on August 24, 2017, and a Motion for Further Relief on August 28, 2017. ECF Nos. 70-71, 72-73. On September 7, 2017, Defendant filed a Response to both Motions. ECF Nos. 74, 80. Plaintiff filed a Reply to the Motion for Attorneys' Fees on September 11, 2017. ECF No. 79. Plaintiff did not file a Reply on the Motion for Further Relief. On September 7, 2017, Defendant appealed to the United States Court of Appeals for the Fourth Circuit ("the Fourth Circuit"), but Defendant filed a motion to voluntarily dismiss the appeal on January 8, 2018. ECF Nos. 77, 85-86.

Plaintiff requests a total of $136,646.33 in attorneys' fees and costs together. ECF No. 70; see also ECF No. 79 at 7. Specifically, Plaintiff requests $129,929.65 in attorneys' fees at rates ranging from $200 and $385 per hour for 431.60 hours of work. ECF No. 70; see also ECF No. 79 at 4-5. Plaintiff also requests $6,716.68 in costs. Id. Lastly, Plaintiff requests a total of $8,507.00 in pre-judgment interest. ECF Nos. 72-73. Plaintiff bases the pre-judgment interest award on a United States Prime Rate ("Prime Rate") of 4.25%, compounded annually. Id.

II. LEGAL STANDARDS

A. Pre-Judgment Interest

According to the FMLA, pre-judgment interest on FMLA damages is mandatory rather than discretionary. See 29 U.S.C. § 2617(a)(1)(A)(ii) (2008) ; Dotson v. Pfizer, Inc. , 558 F.3d 284, 302 (4th Cir. 2009). "Under the FMLA, an employer 'shall be liable' for the pre-judgment interest on the amount of 'any wages, salary, employment benefits, or other compensation denied or lost to [an employee] by reason of the [FMLA] violation.' " Dotson , 558 F.3d 284 (citing 29 U.S.C. § 2617(a)(1)(A)(i)-(ii) ). Pre-judgment interest also does not constitute the kind of "additional" relief that requires briefing-unlike other FMLA remedies like front pay and liquidated damages, which the district court has the discretion to reduce or deny outright. Id. at 302. Pre-judgment interest automatically becomes part of the damages award under the plain terms of the statute. Id. ; see also 29 U.S.C. § 2617(a)(1)(A)(i)-(ii). Pre-judgment interest should be awarded at the prevailing rate. See 29 U.S.C. § 2617(a)(1)(A)(ii). The statute does not define the "prevailing rate"; and as a result, the district court has the discretion in determining the rate." See, e.g., Bell v. Prefix, Inc. , 500 Fed. Appx. 473, 474 (6th Cir. 2012). To calculate the pre-judgment interest, "the best starting point is to award interest at the market rate, which means an average of the prime interest rate for the years in question." Cement Div., Nat'l Gypsum Co. v. City of Milwaukee , 144 F.3d 1111, 1114 (7th Cir. 1998). The prime interest rate includes the period of time from date of injury through entry of judgment. Id.

*755B. Post-Judgment Interest

Under the post-judgment statute, post-judgment interest "shall be allowed on any money judgment in a civil case recovered in a district court ...." 28 U.S.C. § 1961

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Perry v. Isle of Wight Cnty., 311 F. Supp. 3d 751 (E.D. Va. 2018).

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