NATHANIEL M. GORTON, District Judge.
On December 28, 2011, this Court allowed defendant Matthew Szulik's motion for attorneys' fees and costs. Szulik has since submitted a fee petition seeking reimbursement for $178,083.12, an amount which plaintiff and his counsel claim is excessive. This Court uses the lodestar method to calculate a reasonable award of attorneys' fees and costs, pursuant to which the number of hours productively expended by counsel is multiplied by a reasonable hourly rate.
Szulik requests $176,489 in attorneys' fees and $1,594.12 in litigation costs purportedly incurred after March 8, 2011, the date the letter alleging a violation of Fed. R. Civ. P. 11 ("the Rule 11 letter") was served upon the plaintiff.
Plaintiff and his counsel respond that it is patently unreasonable for seven attorneys from three branch offices of the same law firm to spend over 400 hours collaborating on a relatively straightforward motion for sanctions. They identify a number of billing entries as duplicative, including the eight hours billed by partner Tracy Nichols for "reviewing and substantially revising" the Rule 11 motion, coupled with the 40 hours spent by four other attorneys preparing the motion. They submit, in addition, that it would be improper to award fees associated with the motion for reconsideration because it was both allowed and necessary to clear up a misunderstanding surrounding the date of the Rule 11 letter. Finally, they contend that because attorneys' fees were imposed as a result of their attempt to circumvent Rule 11, sanctions should be limited to an amount which "suffices to deter repetition of the conduct or comparable conduct by others similarly situated," as the rule provides. Fed. R. Civ. P. 11(c)(4).
Plaintiff and his counsel also request that the Court exercise its discretion not to issue a specific, direct sanction against plaintiff's local counsel in light of his 1) reliance on the representations of plaintiff and referring counsel with respect to the factual basis underlying the Complaint, 2) reasonable due diligence in investigating the claims and 3) conduct in voluntarily dismissing the Complaint promptly after receiving notice from the defendant.
After reviewing the invoices for legal services and striking charges deemed to be duplicative and/or unnecessary, this Court will award $75,000 in attorneys' fees, an amount which both fairly compensates the defendant for the effort reasonably expended in defending against this frivolous action and deters the plaintiff from involving the federal courts in his personal disputes. Although plaintiff's local counsel was complicit in plaintiff's attempt to leverage a settlement through the filing of this suit, it was plaintiff who concocted the allegations and the sanction in the form of attorneys' fees and expenses will be borne by him alone.
In accordance with the foregoing, defendant's petition for attorneys' fees and costs (Docket No. 24) is