Valley v. Ocean Sky Limo

82 F. Supp. 3d 1321, 2015 WL 410074, 2015 U.S. Dist. LEXIS 85876
CourtDistrict Court, S.D. Florida
DecidedFebruary 2, 2015
DocketCase No. 14-80816-CIV
StatusPublished
Cited by13 cases

This text of 82 F. Supp. 3d 1321 (Valley v. Ocean Sky Limo) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valley v. Ocean Sky Limo, 82 F. Supp. 3d 1321, 2015 WL 410074, 2015 U.S. Dist. LEXIS 85876 (S.D. Fla. 2015).

Opinion

ORDER GRANTING PLAINTIFF’S VERIFIED MOTION FOR ATTORNEY’S FEES AGAINST DEFENDANTS AND BILL OF COSTS

ROBIN L. ROSENBERG, District Judge.

THIS CAUSE came before the Court upon Plaintiffs Verified Motion for Attorney’s Fees [D.E. 28], Bill of Costs [D.E. 29], and an Amended Memorandum in Support of Bill of Costs [D.E. 31].

Upon due consideration of the Motion, Bill of Costs, and Amended Memorandum in Support (hereinafter, “Memorandum in Support”) and the record, it is ORDERED AND ADJUDGED that Plaintiffs Verified Motion for Attorney’s Fees is GRANTED and the costs sought in the Bill of Costs are taxed against the Defendants jointly and severally. This Order covers the time period from the initiation of the lawsuit through January 26, 2015. While the Defendants have defaulted and have not filed a response to the Motion for Attorney’s Fees, Bill of Costs, or the Memorandum in Support, the Court has an independent obligation to review fee motions and bills of costs to independently determine whether the hourly rates sought are reasonable, the number of attorney hours sought are reasonable, and that the costs sought to be taxed are properly taxable pursuant to the cost statute.

BACKGROUND

This was an overtime case under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Valley alleged that he was required to, among other things, work without proper payment for his overtime and that his final paycheck was withheld. [D.E. 1]. Valley sought back wages, liquidated damages, prejudgment interest, attorneys’ fees, and litigation expenses. {See generally, Complaint). All three of the Defendants defaulted, and this Court ultimately entered a Default Final Judgment in Valley’s favor [D.E. 24], which was then amended by the Court resulting in an Amended Default Final Judgment. [D.E. 27]. Valley obtained a final judgment in his favor for all monies in which he was seeking in this suit, and the Court re[1326]*1326served jurisdiction to determine applicable attorney’s fees and costs. [D.E. 27]. Valley then timely filed the instant Motion for Attorney’s Fees and Bill of Costs.

MEMORANDUM OF LAW

I. THE APPLICABLE LEGAL STANDARDS FOR DETERMINING ATTORNEY’S FEE AWARDS

Valley seeks an award of attorneys’ fees against Defendants jointly and severally. The Eleventh Circuit and Supreme Court have issued opinions that guide courts in the decision-making process with respect to the award of attorneys’ fees and the taxation of costs.

A. The Eleventh Circuit’s Standards for Assessing Attorney’s Fees

Under the FLSA, a prevailing plaintiff is entitled to an award of reasonable attorney’s fees. 29 U.S.C. § 216(b); Christiansburg v. Garment Co. EEOC, 434 U.S. 412, 415 n. 5, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978); Dale v. Comcast Corp., 498 F.3d 1216, 1221 n. 8 (11th Cir.2007). Determining a reasonable fee pursuant to 29 U.S.C. § 216(b) is left to the sound discretion of the district judge, to and including the exclusion of excessive or unnecessary work. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983);1 Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292, 1301 (11th Cir.1988) (en banc); Kreager v. Solomon & Flanagan, P.A., 775 F.2d 1541, 1543 (11th Cir.1985). Work on any unsuccessful claims is not “deemed to have been ‘expended in pursuit of the ultimate result achieved’ ”. Hensley, 461 U.S. at 435, 103 S.Ct. 1933. Therefore, an award to a prevailing party requires that any “unrelated claims be treated as if they had been raised in separate lawsuits, and therefore no fee may be awarded for services on the unsuccessful claim.” Id. The burden is on the moving party to establish entitlement to attorneys’ fees; to document the prevailing market rate; and to prove the propriety of hours expended. Hensley, 461 U.S. 424, 437, 103 S.Ct. 1933 (1983); Loranger v. Stierheim, 10 F.3d 776, 781 (11th Cir.1994); Norman v. Housing Auth., 836 F.2d at 1299 (citing NAACP v. City of Evergreen, 812 F.2d 1332, 1338 (11th Cir.1987)); Gaines v. Dougherty Co. Bd. of Education, 775 F.2d 1565, 1571 (11th Cir.1985).

A district court’s “decision regarding the appropriate hourly rate may be made either by analyzing the affidavits submitted by counsel or, if this documentation is insufficient, by relying upon the court’s expertise.” Avirgan v. Hull, 705 F.Supp. 1544, 1549 (S.D.Fla.1989) (citing Norman v. Housing Auth., 836 F.2d at 1303). The reasonable hourly rate is “the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.” Norman v. Housing Auth., 836 F.2d at 1299 (citing Blum v. Stenson, 465 U.S. 886, 895-96 n. 11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984)). At the heart of the reasonable hours concept is the guidance from the United States Supreme Court requiring fee applicants to use “billing judgment” in the listing of the hours spent on a case, making “a good faith effort to exclude from a fee request hours that are excessive, redundant, or [1327]*1327otherwise unnecessary,” Hensley, 461 U.S. at 434, 103 S.Ct. 1933, “irrespective of the skill, reputation or experience of counsel,” Norman v. Housing Auth., 836 F.2d at 1301 (emphasis in original) (citing Hensley, 461 U.S. at 434, 103 S.Ct. 1933).2 Satisfactory evidence of the market rate requires more than the mere affidavit of the attorney performing the work. Blum, 465 U.S. at 896 n. 11, 104 S.Ct. 1541. Also insufficient is testimony that a given fee is reasonable; evidence must be of rates actually billed and paid. Hensley, 461 U.S. at 439 n. 15, 103 S.Ct. 1933. Such evidence may be adduced from charges of lawyers under similar circumstances or by opinion evidence. Norman v. Housing Auth., 836 F.2d at 1299.

Further, it is appropriate for a court to base an attorneys’ fee award on current hourly rates, rather than historical rates, because such an approach takes into account that the attorney was not paid for the work at the time it was performed and also accounts for inflation. McKenzie v. Cooper, Levins & Pastko, Inc., 990 F.2d 1183, 1186 (11th Cir.1993).

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82 F. Supp. 3d 1321, 2015 WL 410074, 2015 U.S. Dist. LEXIS 85876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valley-v-ocean-sky-limo-flsd-2015.