Wright v. U-Let-Us Skycap Services, Inc.

648 F. Supp. 1216
CourtDistrict Court, D. Colorado
DecidedDecember 1, 1986
DocketCiv. A. 83-K-1374
StatusPublished
Cited by12 cases

This text of 648 F. Supp. 1216 (Wright v. U-Let-Us Skycap Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. U-Let-Us Skycap Services, Inc., 648 F. Supp. 1216 (D. Colo. 1986).

Opinion

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Final judgment in this case was entered on August 9, 1985. All issues were disposed of at that time except for the application of attorney fees and costs. The case is now before me for final determination of that issue. The final order is for defendant to pay plaintiffs’ attorney fees and costs in the amount of $57,876.35. My findings of fact and conclusions of law follow.

I.

BACKGROUND

On August 2, 1983, plaintiffs filed a complaint in this case alleging defendant violated the minimum wage and record-keeping requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., when it employed plaintiffs as skycaps and electric cart operators at Stapleton International Airport. Defendant paid plaintiffs their wages pursuant to a “tip agreement” whereby plaintiffs had to turn in all monies received in tips and be reimbursed just up to the amount that would equal the *1218 minimum wage of $3.35 an hour. This agreement was in blatant , contravention of § 203(m) of the FSLA which limits the amount by which an employer can reduce its minimum wage obligation by treating employees’ tips as wages. Plaintiffs sought damages for unpaid wages and interest, liquidated damages, and reasonable attorney fees and costs as provided in Section 16(b) of the Act, 29 U.S.C. § 216(b).

On July 24, 1985, I issued a memorandum opinion and order ruling on the parties’ cross motions for summary judgment. I held, first, that plaintiffs were “tipped” employees within the meaning of the FLSA and thus could recover under that Act. I also ruled as a matter of law that the “tip agreements” between plaintiffs and defendant were invalid and unenforceable under § 201 and did not entitle defendant to claim tip credit in payment of wages to plaintiffs. I also granted plaintiffs’ motion for summary judgment regarding the lack of notice to the plaintiffs regarding the FLSA provisions as required by § 203(m) of the Act. Next, I denied plaintiffs’ summary judgment motion that the actions of defendant were “willfull”, but only because this was a factual determination which required a jury for its disposition and thus could not be ruled upon by me pursuant to a summary judgment motion. I noted, however, the correct standard I would follow in determining the willfullness issue (“proof not required that defendant intended to violate the Act” See Transworld Airlines, Inc. v. Thurston, 469 U.S. 111, 105 S.Ct. 613, 83 L.Ed.2d 523 (1985)). Finally, I ruled for plaintiffs that no showing of will-fullness is necessary before an award of attorney fees could be granted.

I then ordered an additional settlement conference in light of the disposition of the cross motions for summary judgment. The parties entered into stipulations for back-pay which would be due under both a two-year and three-year statute of limitations. The case then went to trial on August 6, 1985.

At the conclusion of trial, it was determined that defendant had executed invalid tip agreements. Judgment was entered in favor of plaintiffs in the amount of $39,-901.31 for back pay wages due and owing, plus pre-judgment and post-judgment accrued interest. Defendant then filed bankruptcy under Chapter 7 of the United States Bankruptcy Act, 11 U.S.C. § 301, et seq. The United States Bankruptcy Court for the District of Colorado issued an “automatic stay” pursuant to 11 U.S.C. § 362 (an injunction prohibiting any act by any creditor to collect a debt — including court judgments the debtor may owe — in any fashion from the debtor or the debtor’s property). The stay, however, has been lifted solely for the purposes of liquidating the application for attorney fees and costs.

II.

ATTORNEY FEES AND COSTS REQUESTED

Whether to award attorney fees pursuant to violations of the Fair Labor Standards Act is not a matter left to discretion. Payment of attorney fees and costs to a prevailing party in an FLSA action is mandatory. Section 16(b) of the Act provides, in pertinent part:

The court in such actions shall, in addition to any judgment awarded to the Plaintiff or Plaintiffs, allow a reasonable attorney’s fee to be paid by defendant and costs of the action. 1 (emphasis added).

A court has no discretion to determine whether to award fees and costs. Discretion applies only to the amount and the reasonableness of the fee. Birbalas v. Cuneo Printing Industries, Inc., 140 F.2d 826 (7th Cir.1944); Wright v. Carrigg, 275 F.2d 448 (4th Cir.1960); Row v. Darling’s Drug Store, Inc., 388 F.Supp. 877 (D.Pa.1975).

*1219 On August 19, 1985, plaintiffs filed a bill of costs outlining their costs and attorney fees (with documentation) pursuant to the judgment entered on August 9, 1985. According to the affidavit submitted by plaintiffs’ counsel, Kristin A. Kutz, plaintiffs incurred, through August 1, 1985, costs of $4,199.98, and attorney fees for prosecuting the action of $82,889.00.

On October 17, 1986, I issued a minute order requiring plaintiffs’ bill of costs to be more detailed showing the number of hours, hourly rate, and total fees charged for each attorney who worked on the case. The following table reflects plaintiffs’ attorney fees and costs.

ATTORNEY FEES REQUESTED

HOURS HOURLY RATE TOTAL FEE

Mark N. Simons 56.1 $85.00 $ 4,768.50

Thomas B. Buescher 2 36.5 ( 5.3 hrs. @ $85.00 $ 450.50)

(pl 5.3 hrs.) ( 31.2 hrs. @ $100.00 $ 3,120,00)

(p2 31.2 hrs.) $ 3,570.50

( 36.5 hrs.)

$ 3,570.50

Joseph Goldhammer 0.5 $80.00 $ . 40.00

Ellen M. Kelman 0.7 $75.00 $ 52.50

Kristen Kutz 523.4 ( 90.6 hrs. @ $60.00 $ 5,436.00)

(pl 90.6 hrs.) (110.7 hrs. @ $65.00 $ 7,195.50)

(p2 110.7 hrs.) (322.1 hrs. @ $100.00 $32,210.00)

(p3 322.1 hrs.) $44,841.50

523.4 hrs.

$44,841.50

Patricia Coan 3 25.7 X ( 24.2 hrs. $65.00 $ 1,573.00)

(pl 24.2 hrs.) ( 1.5 hrs. $100.00 $ 150.00)

(p2 ,1,5 hrs.) $ 1,723.00

25.7 hrs.

$ 1,723.00

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Bluebook (online)
648 F. Supp. 1216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-u-let-us-skycap-services-inc-cod-1986.