THOMAS B. SMITH, District Judge.
This Court's Order on Plaintiffs' Motion to Compel Defendant's Response to Plaintiffs' First Set of Interrogatories awarded Plaintiffs their reasonable attorneys' fees and costs incurred in connection with the motion. (Doc. 34). Plaintiffs have now filed their Affidavit of Attorney for Plaintiffs in Support of Attorneys Fees Regarding Plaintiffs' Motion to Compel Defendant's Answers to Interrogatories and attorney, Kenneth Martin Hesser's Affidavit as to Reasonable Attorney's Fees. (Docs. 37 and 38). Defendant objects to the amount sought by Plaintiffs for the reasons set forth in Defendant's Opposition to Plaintiffs' Petition for Reasonable Attorneys' Fees. (Doc. 43). This issue is ripe for decision.
According to his affidavit, attorney Edwin A. Green, III expended 11.4 hours on behalf of Plaintiffs in connection with the motion to compel. (Doc. 37). A total of 3.3 hours of this time was billed at $225 per hour and the remaining 8.1 hours was billed at $275 per hour. No explanation has been provided for the increase in Mr. Green's hourly rate which took effect between January 4 and January 11, 2012. Based upon these rates and hours, the amount Plaintiff seeks should be $2,970. For reasons unknown to the Court, Plaintiffs request $3,032. (
The Court utilizes the federal lodestar approach to the determination of a reasonable attorneys' fee for Plaintiffs. The lodestar is calculated by multiplying the number of hours reasonably expended on the litigation by the reasonable hourly rate for the services provided by counsel for the prevailing party.
"Ultimately, the computation of a fee award is necessarily an exercise of judgment, because `[t]here is no precise rule or formula for making these determinations.'"
Plaintiffs have submitted the affidavit of Kenneth Martin Hesser as their fee expert. (Doc. 38). Mr. Hesser is a member of the Florida Bar and has practiced law in Marion County, Florida for 11 ½. He testified that he is familiar with the time and labor required to perform the legal services properly; he is familiar with Mr. Green's experience, reputation and ability; and that fees in this case were billed at the rates of $225 and $275 per hour. In Mr. Hesser's opinion, a reasonable fee for Mr. Greene's services is $3,032.
"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."
Plaintiffs have failed to provide any information about Mr.Green's experience or expertise. They have also failed to present evidence that the rates charged by the firm are consistent with prevailing rates in this market for comparable lawyers and involving similar matters. However, the Defendant does not contest the hourly rates claimed by Plaintiffs (Doc. 43) and based upon its knowledge of market rates in Central Florida, the Court finds that the requested hourly rates are reasonable.
Next, the Court must determine the number of hours reasonably expended by Plaintiffs's counsel. Once the prevailing party produces adequate billing records, the fee opponent "has the burden of pointing out with specificity which hours should be deducted."
Now, the Court declines to award any time at the rate of $225 per hour. The Court finds that 5.8 hours at the rate of $275 per hour was reasonably expended on this matter and accordingly, Plaintiffs are awarded $1,595 that is due from the Defendant for legal expenses incurred in the prosecution of Plaintiffs' motion.
IT IS SO ORDERED.
DONE AND ORDERED