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Service Employees International Union, Local 1107 v. Sunrise Hospital and Medical Center, LLC, 2:12-CV-00199-GMN-GWF (2014)

Court: District Court, D. Nevada Number: infdco20141014k40 Visitors: 4
Filed: Oct. 09, 2014
Latest Update: Oct. 09, 2014
Summary: ORDER AWARDING ATTORNEY'S FEES AND COSTS GLORIA M. NAVARRO, Chief District Judge. This matter came on for hearing before the Court on September 8, 2014, at 2:30 p.m., on Plaintif Service Employees International Union, Local 1107's ("Local 1107") Motion for Attorney's Fees and Costs (Dkt. 59). After reviewing the papers and pleadings on file, hearing argument from counsel in open court, and otherwise being generally advised, the Court enters the following order. On September 30, 2013, this Cou
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ORDER AWARDING ATTORNEY'S FEES AND COSTS

GLORIA M. NAVARRO, Chief District Judge.

This matter came on for hearing before the Court on September 8, 2014, at 2:30 p.m., on Plaintif Service Employees International Union, Local 1107's ("Local 1107") Motion for Attorney's Fees and Costs (Dkt. 59). After reviewing the papers and pleadings on file, hearing argument from counsel in open court, and otherwise being generally advised, the Court enters the following order.

On September 30, 2013, this Court issued an Order granting summary judgment in favor of Local 1107 and against Sunrise Hospital and Medical Center LLC d/b/a Sunrise Hospital and Medical Center ("Sunrise"). (Dkt. 53). In that Order, the Court determined it would exercise its discretion and award attorney's fees and costs to Local 1107, pending further briefing of the parties on the reasonableness of an award. (Dkt. 53 at 20-21).

Now before the Court are the parties' briefs and arguments on the amount to be awarded in fees and costs. At the hearing, the Court informed counsel for Sunrise that it had the opportunity to oppose the motion on the merits because its brief in opposition only opposed the award of fees on timeliness grounds. Sunrise maintained the award of fees could not be granted because Local 1107's Motion was untimely. Sunrise opposed the award on the ground that Local 1107's motion for fees and costs was not timely filed. (Dkt. 60). Rule II.54-16 of the Local Rules of Practise for the United States District Court for the District of Nevada requires that a motion for attorneys' fees be filed within 14 days after entry of final judgment. Local 1107 filed a Motion for Award of Attorneys' Fees on October 3, 2013, which was within this 14-day period. That Motion was not filed in this case, but was filed in Case No. 2:12-CV-1291-JCM-GWF, a member case that previously had been consolidated with this master case and closed. Local 1107 corrected this error on October 24, 2013 by refiling its Motion in this case. (Dkt. 59). The Court finds Local 1107 provided a reasonable explanation for this docketing error and no party suffered prejUdice as a result of the error because notice of the filing was provided to Sunrise's counsel. Accordingly, the Court rejects Sunrise's position that the Motion should be denied as untimely.

Sunrise's written Opposition did not challenge the number of hours requested in Local 1107's Motion or a lodestar award. The Court finds that the hours requested in Local 1107's s motion were reasonably expended on this litigation. After reviewing the Kerr factors, Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir. 1975), and Local 1107's Motion and supporting documentation, the Court adopts the reasoning of Local 1107's counsel and the Court finds an award offees to Local 1107 is reasonable. Under the lodestar method, the Court finds that a reasonable hourly rate in this litigation is $400 per hour for partner time. Considering the highest billing rate of Local 1107's counsel in the instant litigation of $200 per hour, the Court finds it is reasonable to double the lodestar rate. See Perdue v. Kenny A., 130 S.Ct. 1662, 1674 (2010). In addition to the hourly rate the Court has determined is appropriate, the Court specifically notes the long experience and skill of Local 110Ts counsel weighs in favor of doubling the lodestar. Therefore, the Court will double the rate to be awarded in fees.

The Court GRANTS Plaintiffs Motion for Attorney's Fees and Costs.

IT IS ORDERED that Local 1107 is awarded attorney's fees in the amount of$57,063.94 and its costs in the amount of $1,501.12.

Source:  Leagle

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