Poblano v. Russell Cellular, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JENNY POBLANO and NATHAN BARTLETT, individually and on behalf of all others similarly situated, Plaintiffs,

v. Case No. 8:19-cv-0265-KKM-AAS RUSSELL CELLULAR, INC., a foreign corporation, Defendant.

ORDER The plaintiffs’ counsel requests an award of attorney’s fees and costs under Rule 54 and the Fair Labor Standards Act (FLSA). (Doc. 131.) Defendant Russell Cellular, Inc., does not oppose the motion. (Id.) The Magistrate Judge issued a report recommending that the Court grant-in-part and deny-in-part the motion and that plaintiffs’ counsel be awarded $198,333.33 in attorney’s fees. (Doc. 134.) The fourteen-day deadline to object to the Magistrate Judge’s recommendation has passed without objection. Nevertheless, the Court reviews the Magistrate Judge’s recommendation de novo. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (per curiam).

After a complete review, the Court agrees with the Magistrate Judge. As the Magistrate Judge explained, the $198,333.33 fee request is reasonable and will be granted given the attorneys’ credentials and experience in this field of law, their voluntary 35% reduction, their success in obtaining complete relief for Plaintiffs, and Russell Cellular’s lack of objection. However, their unsupported request for $689.21 of travel expenses and

copy fees will be denied. Accordingly, the following is ORDERED:

1. The Magistrate Judge’s Report and Recommendation (Doc. 134) is ADOPTED and made a part of this Order for all purposes. 2. Plaintiffs’ Unopposed Motion for Attorney’s Fees and Costs (Doc. 131) is GRANTED IN PART and DENIED IN PART. Plaintiffs’ counsel is entitled to reasonable attorney’s fees of $198,333.33. 3. The Clerk is directed to enter judgment in favor of the plaintiffs, to

terminate any pending motions and deadlines, and to close this case. ORDERED in Tampa, Florida, on June 30, 2022.

fatten Kila Meisel athryn’ Kimball Mizelle United States District Judge