Rick Carter v. Caleb Brett LLC

741 F.3d 1071, 2014 WL 350087, 2014 U.S. App. LEXIS 2061
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 3, 2014
Docket12-16846
StatusPublished
Cited by1 cases

This text of 741 F.3d 1071 (Rick Carter v. Caleb Brett LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rick Carter v. Caleb Brett LLC, 741 F.3d 1071, 2014 WL 350087, 2014 U.S. App. LEXIS 2061 (9th Cir. 2014).

Opinion

OPINION

ALARCÓN, Senior Circuit Judge:

Rick Carter appeals from the district court’s order awarding him $14,268.50 in *1073 attorneys’ fees and costs on Ms fee petition in the amount of $22,585. We have jurisdiction under 28 U.S.C. § 1291. Carter contends that the district court erred as a matter of law by reducing the fee award without sufficiently explaining its rationale for the reduction. We agree. Accordingly, we vacate and remand this matter to the district court with instruction to articulate the basis for its fee determination with greater specificity.

I

“[T]he district court has discretion in determining the amount of a fee award.” Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). But “[i]t remains important ... for the district court to provide a concise but clear explanation of its reasons for the fee award.” Id. at 437, 438-39, 103 S.Ct. 1933 (holding that the court was “unable to affirm the [fee award] ... because the District Court’s opinion did not properly consider the relationship between the extent of success and the amount of the fee award” or “answer the question of what is ‘reasonable’ in light of that level of success”). When determining a reasonable fee award under a federal fee-shifting statute such as the Longshore Act, a district court must first calculate the lodestar by multiplying the “number of hours reasonably expended ... by [the] reasonable hourly rate.” Van Skike v. Dir., Office of Workers’ Comp. Programs, 557 F.3d 1041, 1046 (9th Cir.2009) (citing Tahara v. Matson Terminals, Inc., 511 F.3d 950, 955 (9th Cir.2007)).

“This Circuit requires that courts reach attorneys’ fee decisions by considering some or all of twelve relevant criteria set forth in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir.1975).” Quesada v. Thomason, 850 F.2d 537, 539 (9th Cir.1988).

The Kerr factors are (1) the time and labor required; (2) the novelty and difficulty of the questions involved; (3) the skill requisite to perform the legal service properly; (4) the preclusion of other employment by the attorney due to acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client or the circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the “undesirability” of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases.

Id. at 539 n. 1. “A mere statement that a court has considered the Kerr guidelines does not make a decision within the court’s discretion.” Id. at 539. Rather, the “court must ‘articulate with sufficient clarity the manner in which it makes its determination.’ ” Id. (quoting Chalmers v. City of L.A., 796 F.2d 1205, 1211 (9th Cir.1986), amended by 808 F.2d 1373 (9th Cir.1987)). While detailed calculations are not mandated, “something more than a bald, unsupported amount is necessary” to affirm an award of attorneys’ fees. Chalmers, 796 F.2d at 1211 n. 3. In Moreno v. City of Sacramento, 534 F.3d 1106 (9th Cir.2008), we explained that

[w]hen the district court makes its award, it must explain how it came up with the amount. The explanation need not be elaborate, but it must be compre-hensible_ Where the difference between the lawyer’s request and the court’s award is relatively small, a somewhat cursory explanation will suffice. But where the disparity is larger, a more specific articulation of the court’s reasoning is expected.

Id. at 1111 (emphasis added); see also Brewster v. Dukakis, 3 F.3d 488, 493 (1st *1074 Cir.1993) (“As a general rule, a fee-awarding court that makes a substantial reduction in either documented time or authenticated rates should offer reasonably explicit findings.... ”).

The district court must also “explain how it arrived at its determination with sufficient specificity to permit an appellate court to determine whether the district court abused its discretion in the way the analysis was undertaken.” McCown v. City of Fontana, 565 F.3d 1097, 1102 (9th Cir.2009) (citing Chalmers, 796 F.2d at 1211).

II

The district court’s selection of a blended hourly rate of $400, combined with its reduction in the number of compensa-ble hours by almost half, from 60.9 to 35 hours, resulted in Carter receiving a 27 percent reduction in fees: from $22,585 to $14,268.50. In its fee order, the district court identified the twelve Kerr factors and mentioned two that it considered most relevant: (1) “the disproportionate relationship between the amount of fees incurred ($22,585.00) and the amount at stake in the litigation ($3,220.20)”; and (2) that “Carter [did] not bear primary responsibility for the fact that this matter became considerably more protracted than the ‘quick and inexpensive mechanism’ envisioned by the statute.” Beyond that very brief discussion, however, the district court offered no other analysis before concluding that “[u]nder the circumstances here, for purposes of fee-shifting, 35 hours of attorney time at a blended hourly rate of $400 is reasonable.”

In Costa v. Commissioner of Social Security Administration, 690 F.3d 1132 (9th Cir.2012), where a magistrate judge “reduced the number of hours compensated by nearly one-third, [from 60.5 hours] to 41.1 hours,” we held that “[u]nder Moreno, the magistrate judge was required to provide relatively specific reasons for making such significant reductions.” Id. at 1134, 1136. Here, the district court judge reduced the compensable hours by almost half. We conclude that the judge was required to provide more specific reasons for making such a significant reduction.

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Cite This Page — Counsel Stack

Bluebook (online)
741 F.3d 1071, 2014 WL 350087, 2014 U.S. App. LEXIS 2061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rick-carter-v-caleb-brett-llc-ca9-2014.