VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This cause comes before the Court pursuant to Plaintiff Bank of America, N.A.'s Motion for Attorneys' Fees (Doc. # 48), which was filed on June 25, 2015. Pursuant to Local Rule 3.01(b) and Rule 6(d), Fed. R. Civ. P., the deadline for Defendants Kevin D. Crofton, individually and as co-trustee of the Kevin D. Crofton Business Trust to file a response in opposition to the Motion was, at the latest, July 13, 2015.
A review of the file reveals that Defendants, who are represented by counsel, failed to file a response to Plaintiff's Motion in the time provided by the Rules or at any point since. Accordingly, the Court considers the Motion as unopposed. Upon due consideration of the Motion and the record before the Court, the Court grants Plaintiff's Motion.
On June 26, 2014, Plaintiff initiated this action against Defendants Kevin D. Crofton, individually; Kevin D. Crofton, as co-trustee of the Kevin D. Crofton Business Trust; and Howard A. Gordon, as co-trustee of the Kevin D. Crofton Business Trust. (Doc. # 1). Plaintiff filed a Notice of Voluntary Dismissal of Defendant, Howard A. Gordon, as co-trustee of the Kevin D. Crofton Business Trust, Without Prejudice on September 5, 2014. (Doc. # 20). The Court dismissed Howard A. Gordon as a party in this matter on September 5, 2014. (Doc. # 21).
On May 4, 2015, Plaintiff filed a Motion for Final Summary Judgment (Doc. # 43), which this Court granted on June 11, 2015 (Doc. # 45). Thereafter, the Clerk of the Court entered a judgment in favor of Plaintiff and against Defendants in the total amount of $3,464,623.45, plus interest that continues to accrue daily. (Doc. # 46).
On June 25, 2015, Plaintiff filed the present Motion requesting an attorneys' fee award of $33,574.50. (See Doc. # 48). The Motion is supported by the affidavits of David Tong, Esq. — who was retained to provide an opinion about the fees sought in this case — and Amanda Buffington, Esq. (See Doc. ## 48-2, 48-3), as well as a summary of the billing rates and hours that Plaintiff's counsel and paralegals billed on this matter. Also on June 25, 2015, Plaintiff filed a proposed bill of cost requesting an award of costs in the amount of $435.00. (Doc. # 49).
Plaintiff explains that the attorneys' fees sought are for the work completed by Plaintiff's attorneys as follows:
This Court is afforded broad discretion in addressing attorneys' fees issues.
The fee applicant bears the burden of establishing entitlement to the hours requested as well as to the hourly rate.
Once the Court has calculated the lodestar, it may adjust the fee awarded upward or downward based upon other considerations, including (1) the time and labor required; (2) the novelty and difficulty of the issues; (3) the skill required to perform the legal service properly; (4) the preclusion of other employment due to the attorney's acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) the amount involved and the results obtained; (8) the experience, reputation, and ability of the attorneys; (9) the undesirability of the case; (10) the nature and length of the professional relationship with the client; and (11) awards in similar cases.
To calculate the lodestar in this case, the Court must determine the reasonable hourly rate for Plaintiff's counsel. "A 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."
Plaintiff bears the burden of producing evidence of the prevailing market rate, which must "speak to rates actually billed and paid in similar lawsuits," and may include the expert opinions of other attorneys.
Attorney Tong explains that he has been practicing law in Florida since 1984, and is a partner with Saxon Gilmore & Carraway, P.A. in Tampa Florida. (
Upon reviewing the file of Plaintiff's counsel, which included counsels' time records, communicating with Plaintiff's counsel regarding the case, and reviewing the bar admission dates of the billing lawyers in this matter as well as Rule 4-1.5 of the Rules Regulating the Florida Bar, Attorney Tong opines that: (1) $295.00 per hour is a reasonable rate for the services of Amanda B. Buffington and Andrew T. Jenkins as counsel in this action; (2) $250.00 per hour is a reasonable rate for the services of Anne-Leigh Moe as counsel in this action; (3) $245.00 per hour is a reasonable rate for the services of Jolyon Acosta as counsel in this action; (4) $225.00 per hour is a reasonable rate for the services of Traci Koster as counsel in this action; and
(5) $110.00 per hour is a reasonable rate for paralegal time in the present cause of action. (
Upon due consideration, the Court determines that the requested hourly rates are reasonable. Specifically, upon review of the case law, evidence, and affidavits in support of the Motion, the Court finds the rate charged by Plaintiff's counsel — given their numerous years of experience — is reasonable given the complexity of this case and the prevailing market rates for attorneys of similar experience. Likewise, the requested hourly rates of $110.00 for Kristan Long, Elaine Elliston, and Joanna Nixon, as paralegals, are inherently reasonable.
Next, the Court must determine the number of reasonable hours expended by Plaintiff's counsel while working on this case. "Fee applicants must exercise . . . `billing judgment,' that means they must exclude from their fee applications `excessive, redundant, or otherwise unnecessary hours.'"
Upon review of the detailed billing summary and memorandum filed in support of the Motion, the Court concludes that the time billed was not excessive. The Court concurs with Attorney Tong's assessment that, "[b]ased upon the facts and circumstances of the case . . . 132.2 hours is a reasonable amount of time devoted to the representation of Plaintiff in this action." (Doc. # 48-2). The Court has also considered each of the factors enumerated in
Further, the Court acknowledges Attorney Buffington's affidavit statement that "Bush Ross, P.A. provided a 10% discount to [Plaintiff] in this matter. The 10% discount has. . . already been subtracted from the fees sought in [Plaintiff's] Motion for fees." (Doc. # 48-3).
After due consideration, and in light of the fact that Defendants failed to file a response in opposition to Plaintiff's requested relief, the Court determines that Plaintiff is entitled to attorneys' fees in the requested amount of $33,574.50.
In conjunction with its Motion, Plaintiff submitted a proposed bill of costs amounting to $435.00. (
"Federal Rule of Civil Procedure 54(d)(1) prescribes an award of costs for a prevailing party unless a federal statute, the Federal Rules of Civil Procedure, or a court order provides otherwise."
Specifically, pursuant to 28 U.S.C. § 1920, the following may be taxed as costs under Fed. R. Civ. P. 54(d)(1):
28 U.S.C. § 1920;
The party seeking an award of costs or expenses bears the burden of submitting a request that enables a court to determine what costs or expenses were incurred by the party and the party's entitlement to an award of those costs or expenses.
Plaintiff seeks to recover fees paid to the Clerk in the amount of $400.00. (Doc. # 49). A review of the record reveals that $400.00 was the cost associated with Plaintiff initiating this action against Defendants. Thus, the Court determines that Plaintiff's request to recover fees paid to the Clerk is appropriate. Accordingly, Plaintiff is entitled to the $400.00 cost for the filing fee in this action.
Plaintiff also seeks to recover "[f]ees for service of summons and subpoena" in the amount of $35.00. (Doc. # 49). "The fees for service of process by private process servers are recoverable under § 1920, as long as the fees do not exceed the amount charged by the United States Marshal for service of process."
Here, Plaintiff seeks to recover $35.00 in "fees for service of summons and subpoena." (Doc. # 49). This amount is within the monetary threshold set forth above. Therefore, the Court finds that Plaintiff is entitled to $35.00 for "fees for service of summons and subpoena."
Accordingly, it is
(1) Plaintiff Bank of America, N.A.'s Motion for Attorneys' Fees (Doc. # 48) is
(2) Plaintiff's Proposed Bill of Costs (Doc. # 49) is