Saber v. Dileo

723 F. Supp. 1167, 1989 U.S. Dist. LEXIS 12451, 1989 WL 131424
CourtDistrict Court, E.D. Louisiana
DecidedOctober 18, 1989
DocketCiv. A. 88-2853
StatusPublished
Cited by5 cases

This text of 723 F. Supp. 1167 (Saber v. Dileo) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saber v. Dileo, 723 F. Supp. 1167, 1989 U.S. Dist. LEXIS 12451, 1989 WL 131424 (E.D. La. 1989).

Opinion

OPINION AND ORDER

McNAMARA, District Judge.

INTRODUCTION

This case involved a civil odometer fraud action brought under the Motor Vehicle Information and Cost Saving Act, 15 U.S.C. § 1989 (1982). The Plaintiffs purchased a 1983 Jaguar XJ6, and they subsequently learned that its odometer had been adjusted backwards. They then sued three Defendants, James Dileo, Performance Motor Service, Inc., and Leader Buiek, Inc. Leader Buick was dismissed on May 23, 1989, from this lawsuit because Leader settled with Plaintiffs for $3,000.00 plus $298.00 in costs. Performance Motor Service, Inc. made an offer of judgment in the amount of $2,100.00 plus a future determination of attorneys’ fees and costs accrued as of the date of the offer, which was March 16, 1989. Plaintiffs’ counsel accepted this offer on March 22, 1989.

The Trial proceeded against Defendant Dileo before a jury on August 31, 1989. The jury found the Defendant liable and assessed damages in the amount of $3,500.00. Under 15 U.S.C. § 1989, this damage amount must be trebled by the court to $10,500.00. The court requested memoranda from the parties on whether or not the $10,500.00 should be reduced by any amount that the Plaintiffs had received from the two settling Defendants. The court must also determine an appropriate award of attorneys’ fees, and determine how these fees should be apportioned among the parties.

DISCUSSION

1. REDUCTION OF DAMAGES

The issue of whether Defendant’s liability should be reduced by any amount *1168 that the Plaintiffs received from the two settling Defendants has not been directly decided in the Fifth Circuit. In Alley v. Chrysler Credit Corp., 767 F.2d 138 (5th Cir.1985), the court, however, expressly disapproved of Duval v. Midwest Auto City, Inc., 425 F.Supp. 1381 (D.Neb.1977), aff'd, 578 F.2d 721 (8th Cir.1978), in which the district court held that payment by one defendant diminished the amount of the claim against the other defendants. The Duval court found that the defendants’ liability was “joint and several; each is liable for the whole judgment of each plaintiff.” Id. at 1388, citing Restatement of the Law, Torts, § 875, p. 434. In rejecting the theory of joint and several liability, the Fifth Circuit in Alley found that each defendant is “separately and individually liable to the plaintiff and is without recourse to recovery from other defendants. The purposes of the statute are advanced by imposing separate and individual liability on each person violating the Act.” 767 F.2d at 142, quoting Mataya v. Behm Motors, Inc., 409 F.Supp. 65, 70 (E.D.Wis. 1976) (emphasis supplied).

In accordance with this Fifth Circuit precedent, this court holds that the Defendant Dileo is separately and individually liable to the Plaintiffs for the full amount of $10,500.00. The Defendant, therefore, is not entitled to a reduction of these damages due to the fact that the other two Defendants settled prior to the Trial.

The Defendant Dileo argues that this court should be guided by La.Civ.Code Ann. art. 1803 (West 1989) in determining whether his liability should be reduced by the other Defendants’ settlements. It is unnecessary for this court to examine the effect of Article 1803. Although the Plaintiff originally pled causes of action under Louisiana law, this case was decided under 15 U.S.C. § 1989. As a result, federal law must be applied to this issue. Alley, 767 F.2d at 141.

ATTORNEYS’ FEES

Section 1989(a)(2) provides that a successful plaintiff shall recover “the costs of the action together with reasonable attorney fees____” It is well settled that a district court has discretion in determining the amount of this award. Hensley v. Eckerhart, 461 U.S. 424, 438, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983). The court must “provide a concise, clear explanation of its reasons for the fee award.” Id. at 438, 103 S.Ct. at 1941. The most important factor in assessing attorneys’ fees are the “results obtained.” Id. at 435, 103 S.Ct. at 1940; Duval v. Midwest Auto City, Inc., 578 F.2d 721, 725 (8th Cir.1978). And, “[wjhere a plaintiff has obtained excellent results, his attorney should recover a full compensatory fee. Normally this will encompass all hours reasonably expended on the litigation, and indeed in some cases of exceptional success an enhanced award may be justified.” Hensley, 461 U.S. at 346, 103 S.Ct. at 1940.

Plaintiff’s counsel has submitted an itemized list requesting $19,928.00 in attorneys’ fees and $1,715.80 in expenses, for a total of $21,643.80. This request is the attorney’s “lodestar” amount, which is the result obtained by multiplying the amount of hours incurred by the attorney’s billable rate. Gonzales v. Van’s Chevrolet, Inc., 498 F.Supp. 1102, 1106 (D.Del.1980). In assessing the reasonableness of this figure, this court is guided by the Fifth Circuit guidelines for awarding attorneys’ fees, as enunciated in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974). The Johnson court set forth twelve factors which a district court may consider in gauging the appropriateness of an award. This court has considered all of the Johnson factors, and will comment specifically on several of them.

1. THE TIME AND LABOR REQUIRED

The hours claimed by Plaintiff’s counsel “are a necessary ingredient” in ascertaining an appropriate award. Johnson, 488 F.2d at 717. The court should “weigh the hours claimed against his own knowledge, experience, and expertise of the time required to complete similar activities.” Id. In addition, the court should look for inefficient utilization of time, effort expended upon superfluous tasks, or any “non-legal *1169 work” which deserves a lesser rate of compensation. Id.

Plaintiffs’ counsel’s initial consultation with the Plaintiffs was on April 22, 1988. The Trial in this case was held on August 31, 1989. Three Defendants were initially involved, and Plaintiff settled with one Defendant and accepted an offer of judgment against the second Defendant before the Trial.

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723 F. Supp. 1167, 1989 U.S. Dist. LEXIS 12451, 1989 WL 131424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saber-v-dileo-laed-1989.