NANNETTE JOLIVETTE BROWN, District Judge.
Pending before the Court is Plaintiff Neill Wright's ("Wright") "Motion for Post-Judgment Collection Fees and Costs," in which Wright seeks $14,438.71 in attorneys' fees incurred for attempting to collect the judgment awarded to Wright in this litigation from Defendant Eric Blue ("Blue").
Wright filed a complaint against Blue on June 9, 2016, for breach of contract for Blue's alleged failure to perform his obligations under a promissory note.
According to Wright, after obtaining summary judgment in his favor, he attempted to collect judgment from Blue.
Although Blue appeared at the May 3 judgment debtor examination, Wright contends that Blue still failed to produce all requested documents as ordered, so Magistrate Judge Wilkinson continued the judgment debtor examination and ordered Blue to produce the documents Wright's counsel listed in open court.
Wright contends that he has incurred $19,276.21 in post-judgment collection attorneys' fees and costs since filing the previous motion to set fees and costs seeking $8,744.30.
Wright argues that Louisiana law controls the reasonableness of the fee award, and therefore cites the Louisiana Supreme Court decision in State Department of Transportation and Development v. Williamson, articulating a ten factor test Louisiana courts apply in deciding the reasonableness of attorney fees requested.
According to the Fifth Circuit, state law controls "the reasonableness of fees awarded where state law supplies the rule of decision."
"Courts may inquire as to the reasonableness of attorney's fees as part of their prevailing, inherent authority to regulate the practice of law."
In State Department of Transportation and Development v. Williamson, the Louisiana Supreme Court set forth ten factors to be considered in determining the reasonableness of a fee award: (1) the ultimate result obtained; (2) the responsibility incurred; (3) the importance of litigation; (4) the amount of money involved; (5) the extent and character of the work performed;
(6) the legal knowledge, attainment, and skill of the attorneys; (7) the number of appearances involved; (8) the intricacies of the facts involved; (9) the diligence and skill of counsel; and (10) the Court's own knowledge.
Wright's motion for post-judgment attorneys' fees and costs is unopposed. Therefore, if the motion is meritorious, the Court may grant it. The Court already awarded attorneys' fees and costs to Wright in the judgment entered on September 13, 2016.
In deciding the reasonableness of Wright's request, the Court will consider the ten factors set for by the Louisiana Supreme Court in State Department of Transportation and Development for determining the reasonableness of a fee award: (1) the ultimate result obtained; (2) the responsibility incurred; (3) the importance of litigation; (4) the amount of money involved; (5) the extent and character of the work performed; (6) the legal knowledge, attainment, and skill of the attorneys; (7) the number of appearances involved; (8) the intricacies of the facts involved; (9) the diligence and skill of counsel; and (10) the Court's own knowledge.
With respect to factors one, two, four, and eight, in his motion for attorneys' fees, Wright acknowledges that this case was not sophisticated and lasted a relatively short three months from complaint to judgment. Consequently, Wright concedes, the amount of fees and costs requested is relatively low. Nevertheless, Wright asserts, the Court granted judgment in the amount of $124,000 to Wright. Wright further argues that this amount is not insignificant, especially given that he is an individual. As Wright ultimately prevailed in this lawsuit, his attorneys incurred the responsibility of carrying out the lawsuit effectively, the timeline of the case and corresponding legal work were proportionate to the intricacies of the facts involved, and the amount of money involved was significant to Wright, these factors weigh in favor of determining that awarding post-judgment attorneys' fees is reasonable.
With respect to factors three and five, Wright contends that the litigation was important and necessary, as Blue had already signed and defaulted on two previous promissory notes. Considering the promissory note at issue in this case was the third that Blue had signed and defaulted on, according to Wright, he was forced to retain counsel. Prior to filing this action, Wright avers, his counsel contacted Blue several times attempting to settle the matter. Wright contends that since Blue refused to cooperate in litigation to any extent, Wright was forced to litigate and file a summary judgment motion, which Blue did not oppose. Wright further avers that after he obtained judgment in his favor, Blue would not pay the judgment, forcing Wright to institute post-judgment discovery. Wright further contends that Blue's continued attempts to evade and delay discovery, to which Wright as a judgment debtor was entitled, drove up legal costs. Considering Wright has sufficiently demonstrated his need for litigation to resolve the dispute at issue in this case, and his attorneys performed extensive legal work to collect the judgment award from Blue, these factors weigh in favor of determining that awarding post-judgment attorneys' fees is reasonable.
With respect to factors six, seven, and nine, Wright argues that this matter was appropriately and reasonably staffed. Wright avers that almost all of the work was performed by one attorney, Richard Sahuc, who occasionally consulted with his managing director, Greg Latham, and was assisted by paralegal staff. Wright provides Mr. Sahuc's extensive educational and professional background and qualifications. Specifically, Wright avers that Mr. Sahuc graduated magna cum laude from the University of Miami School of Law in 2002, where he was on the editorial board of the Miami Law Review, and has since been practicing law for fourteen years, including as a former partner at Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P. Wright also argues that the customary rates of attorneys in New Orleans with similar scholarship and professional experience are comparable to Mr. Sahuc's and Mr. Latham's respective hourly rates of $225 and $265. Considering Mr. Sahuc's representation strategy, the lean staffing of this case, the diversified skill levels of those involved, and diligent litigating efforts, these factors weigh in favor of determining that awarding post-judgment attorneys' fees is reasonable.
With respect to the tenth factor, the Court acknowledges Wright's assertion that the costs totaling $590.71 are reasonable given that they consist almost entirely of the filing and service fees.
As previously stated, the Supreme Court of Louisiana has held, "A reasonable hourly rate is to be determined `according to the prevailing market rates in the relevant community for attorneys of similar experience in similar cases.'"
Similarly here, Wright acknowledges that this case was not sophisticated and it lasted a relatively short three months. The record in this case was likewise small. As in Monsanto, Wright's counsel provided legal assistance with pre-trial litigation involving the collection of a debt. Although Wright does not distinguish between Mr. Sahuc and Mr. Latham's hourly rates for office time and out-of-office time, their hourly rates are within the range determined to be reasonable by the Louisiana Court of Appeal, Second Circuit. Furthermore, Wright avers that almost all of the work was performed by Mr. Sahuc, whose hourly rate is at the low end of the range established in Monsanto. Accordingly, Mr. Sahuc and Mr. Latham's respective hourly rates of $225 and $265 align with the prevailing market rates in the community.
Moreover, this Court, having adopted the Report and Recommendation of the Magistrate Judge in awarding pre-judgment attorneys' fees, previously found these rates to be reasonable.
For the reasons stated above, the Court will grant Wright's motion for post-judgment collection fees and costs and award $14,438.71 in post-judgment attorneys' fees and costs to Wright. Accordingly,