WILLIAM E. CASSADY, Magistrate Judge.
This matter is back before the Court on plaintiffs' motion for an award of reasonable attorneys' fees and costs (Doc. 45), the defendant's response in opposition (Doc. 48), and plaintiffs' reply (Doc. 49). The parties' orally consented to the undersigned's authority to award attorneys' fees and costs in this matter, in accordance with 28 U.S.C. § 636(c), and, therefore, any objection to this order should be taken directly to the Eleventh Circuit Court of Appeals, see 28 U.S.C. § 636(c)(3) ("Upon entry of judgment in any case referred under paragraph (1) of this subsection, an aggrieved party may appeal directly to the appropriate United States court of appeals from the judgment of the magistrate judge in the same manner as an appeal from any other judgment of a district court."). Following a review of the foregoing pleadings, with attachments, as well as all other relevant pleadings in this matter, the Court
Plaintiff Ramona Brown filed a collective action complaint in this Court on January 22, 2015, on behalf of herself and similarly situated individuals, to recover unpaid wages and overtime under the Fair Labor Standards Act ("FLSA"). (Doc. 1.) Brown, a server, specifically alleged that defendant Lambert's Café III, Inc. "had a uniform policy and practice of requiring employees to work off the clock and of claiming the tip credit for non-tipped work." (Id. at ¶ 4.) Brown was allowed to amend her collective action complaint in early May of 2015 (Doc. 24); that amendment added as named plaintiffs Leslie Morrison, Steve Morris, Sara Boykin, and Donna Ranna, and added allegations regarding "passers and bussers." (See id.) The parties ultimately settled their differences in September 2015 but were unable to reach agreement on an appropriate award of fees and costs as contemplated by 29 U.S.C. § 216(b). Accordingly, the decision regarding an appropriate award of fees and costs is before the undersigned for determination following briefing by the parties.
29 U.S.C. § 216(b) provides that in an FLSA action seeking unpaid wages and overtime the Court "shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant[.]" Id. Section 216(b) has been interpreted to mean that "fee awards [are] mandatory for prevailing plaintiffs." Kreager v. Solomon & Flanagan, P.A., 775 F.2d 1541, 1542 (11th Cir. 1985) (citation omitted); see also Shelton v. Ervin, 830 F.2d 182, 184 (11th Cir. 1987) ("Section 216 provides for an award of attorney's fees, as opposed to granting the court discretion in awarding such fees, to the prevailing plaintiff in FLSA cases."). Here, Lambert's Café concedes that plaintiffs are prevailing parties under the FLSA and, therefore, are entitled to an award of attorney's fees. (See Doc. 48, at 1.)
Over thirty years ago, the Supreme Court indicated that "`the most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.'" Watford v. Heckler, 765 F.2d 1562, 1568 (11th Cir. 1985) (EAJA), quoting Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983) (§ 1988) (other citations omitted). The Eleventh Circuit has repeatedly applied Hensley in FLSA cases, Martinez v. Hernando County Sheriff's Office, 579 Fed.Appx. 710, 713 (11th Cir. Aug. 21, 2014); Padurjan v. Aventura Limousine & Transp. Serv., Inc., 441 Fed.Appx. 684, 685-686 (11th Cir. Sept. 28, 2011); Galdames v. N&D Inv. Corp., 432 Fed.Appx. 801, 806 (11th Cir. Jun. 23, 2011), cert. denied, ___ U.S. ___, 132 S.Ct. 1558, 182 L.Ed.2d 167 (2012); Perez v. Carey Int'l, Inc., 373 Fed.Appx. 907, 910-9110 (11th Cir. Apr. 9, 2010), cert. denied, 562 U.S. 964, 131 S.Ct. 480, 178 L.Ed.2d 291 (2010), and, as just indicated by quoted language from Hensley, "[t]he first step in calculating a reasonable attorney's fee award is to determine the `lodestar'— the product of multiplying reasonable hours expended times a reasonable hourly rate." Martinez, supra, 579 Fed.Appx. at 713, citing American Civil Liberties Union of Georgia v. Barnes, 168 F.3d 423, 427 (11th Cir. 1999); see also Bivins v. Wrap It Up, Inc., 548 F.3d 1348, 1350 (11th Cir. 2008) ("The product of these two figures is the lodestar and there is a `strong presumption' that the lodestar is the reasonable sum the attorneys deserve."). "In determining what is a `reasonable' hourly rate and what number of compensable hours is `reasonable,' the court is to consider the 12 factors enumerated in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974)." Id. "The Johnson factors include: (1) the time and labor required; (2) the difficulty of the issues; (3) the skill required; (4) the preclusion of other employment by the attorney because he accepted the case; (5) the customary fee in the community; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client or circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the undesirability of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases." Faught v. American Home Shield Corp., 668 F.3d 1233, 1242-1243 (11th Cir. 2011) (citations omitted). And, after determination of the lodestar, that "number" may then be "adjusted after considering other factors, such as the results obtained." Martinez, supra, 579 Fed.Appx. at 713, citing Barnes, supra, and Hensley, supra, 461 U.S. at 434, 103 S.Ct. at 1940.
In determining the proper lodestar in this case, the undersigned first considers what hourly rates are reasonable and then what hours were reasonably expended in pursuing this matter. In so doing, the Court keeps in mind that "the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates." Hensley, supra, 461 U.S. at 437, 103 S.Ct. at 1941.
Cormier v. ACAC Inc., 2013 WL 6499703, *2 (S.D. Ala. Dec. 11, 2013) (footnote added).
With these general principles in mind, the undersigned considers first the hourly rate ($325) requested by Mr. Brewster before shifting the majority of ink to the hourly rates requested by Mr. Arciniegas ($280) and Ms. Richardson ($280). As aforesaid, the defendant does not lodge an explicit objection to the hourly rate requested by Mr. Brewster but does mistakenly identify that request as $310 per hour (Doc. 48, at 3), rather than the true request of $325 per hour. Because the defendant did not request that the Court allow it to file a sur-reply to address this obvious mistake, the undersigned finds that defendant would have no objection to Mr. Brewster's true requested hourly rate of $325. Moreover, Mr. Brewster's affidavit evidence regarding the rates he has commanded in FLSA cases (Doc. 45, Exhibit 2, Declaration of Henry H. Brewster, Jr., at 5-6), see Norman v. Housing Authority of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988) (recognizing that satisfactory evidence that a requested hourly rate is in line with prevailing market rates necessarily must speak to rates actually billed and paid in similar lawsuits and that useful opinion evidence consists of evidence of rates historically commanded), combined with his 34 years of practice (id. at 1-2), underscore the reasonableness of his requested rate of $325. Accordingly, the undersigned concludes that an appropriate and reasonable hourly rate for Mr. Brewster is $325.
Turning to the hourly rate requested by both Mr. Arciniegas ($280) and Ms. Richardson ($280), the undersigned notes that Mr. Arciniegas attempts to validate his request by reference to seven of Johnson's twelve factors and accompanying attachments (see Doc. 45, Exhibit 1, Declaration of Daniel E. Arciniegas, at 8-14 & Exhibits B-D to the Arciniegas declar.), while Ms. Richardson attempts to validate her request by pointing to her award of fees by Chief Judge Steele in an order entered on July 16, 2014, in Luker v. Wilcox Hospital Board, 14-0043-WS-B, Doc. 30, at the requested hourly rate of $220 (see Doc. 45, Exhibit 3, Declaration of Abby M. Richardson, at 7), and the attached declarations of Henry Brewster and Temple D. Trueblood (see id., Exhibits 3b & 3c). However, the affidavit and declarations supplied by Mr. Arciniegas and Ms. Richardson are simply unhelpful in establishing a reasonable hourly rate in the relevant market of Mobile, Alabama, see Smith v. Werner Enterprises, Inc., 2015 WL 7185503, *3 (S.D. Ala. Nov. 13, 2015) ("`[T]he general rule is that the relevant market for purposes of determining the reasonable hourly rate for an attorney's services is the place where the case is filed.' `The relevant market is thus Mobile . . . .'" (citations omitted)), as neither Allen D. Arnold nor Temple Trueblood specify that their "rate" information is from Mobile.
However, the undersigned is not left in a "vacuum" regarding a reasonable hourly rate in the relevant market of Mobile for Ms. Richardson, in particular, and, as well, for Mr. Arciniegas, given that both of these attorneys have been practicing law for roughly the same period of time (compare Doc. 45, Exhibit 1, Arciniegas aff., at 2 (Arciniegas has been actively engaged in the practice of law since 2007) with Doc. 45, Exhibit 3, at 2 (Richardson has been actively engaged in the practice of law since 2006)), because Ms. Richardson was awarded attorney's fees by Chief Judge Steele in an FLSA case in July of 2014 based on her requested hourly rate of $220. See Luker, supra, Doc. 30, at 9 ("Plaintiff's counsel is requesting an hourly rate of $220 for her services, and has made a substantial showing that such a rate is reasonable in the Mobile, Alabama market for a lawyer of her experience and qualifications."). And while the award to Ms. Richardson assists the undersigned in reaching a reasonable rate for Mr. Arciniegas and Ms. Richardson in this case, it does not dictate the rate. Indeed, this Court's consideration of the seven Johnson factors cited by Mr. Arciniegas (that is, customary fees, fixed or contingent fees, novelty and difficulty of the question, undesirability of the case, skill required to perform the legal services properly, nature and length of the professional relationship with the client, and awards in similar cases), along with recognition of the aforementioned "bump up" in Mr. Brewster's hourly rate,
"`Fee applicants must exercise what the Supreme Court has termed "billing judgment,'" which requires the exclusion of "`excessive, redundant, or otherwise unnecessary'" hours." Smith, supra, at *4, quoting Barnes, supra, 168 F.3d at 428, in turn quoting Hensley, supra, 461 U.S. at 434, 103 S.Ct. at 1939-1940. Indeed, "[i]f fee applicants do not exercise billing judgment, courts are obligated to do it for them, to cut the amount of hours for which payment is sought, pruning out those that are `excessive, redundant, or otherwise unnecessary.'" Barnes, supra, 168 F.3d at 428; see also id. ("Courts are not authorized to be generous with the money of others, and it is as much the duty of courts to see that excessive fees and expenses are not awarded as it is to see that an adequate amount is awarded."); see Norman, supra, 836 F.2d at 1301 ("Excluding excessive or otherwise unnecessary hours under the rubric of `billing judgment' means that a lawyer may not be compensated for hours spent on activities for which he would not bill a client of means who was seriously intent on vindicating similar rights, recognizing that in the private sector the economically rational person engages in some cost benefit analysis."). "Moreover, because an assessment of the reasonableness of the hours requested (at least when objection is adequately raised by the defendant) `contemplate[s] a task-by-task examination of the hours billed,' plaintiffs' counsel is required to record each task, and the time associated with each, with sufficient clarity that the Court can evaluate the reasonableness of the expenditure of time." Smith, supra, at *4 (citations omitted).
Instead of separately considering the defendant's "broader" billing judgment argument and then addressing its more "pinpointed" objections, the undersigned addresses all of defendant's objections here under the broad umbrella of billing judgment. This approach is taken inasmuch as consideration of the objections interposed by the defendant, along with the Court's own review of the time records/itemizations submitted by plaintiffs' counsel, leads the undersigned to conclude that it is advisable in this case to apply across-the-board reductions to the number of hours claimed by plaintiffs' counsel rather than perform a strict hour-by-hour analysis. See Bivins, supra, 548 F.3d at 1350 ("When a district court finds the number of hours claimed is unreasonably high, the court has two choices: it may conduct an hour-by-hour analysis
The defendant initially contends that despite the assertion by plaintiffs' counsel that they exercised "billing judgment," the assertion "masks" the failure to account for the full extent of unnecessary duplication of work (which will be discussed in more detail below) and that fees are sought for facially non-compensable items. (See Doc. 48, at 4-6.) The defendant then cites, as examples only, the following: (1) work associated with one plaintiff's bankruptcy case (Richardson entries on 10/28/14, 11/3/14, 3/24/15, and 3/25/15 and Brewster entries on 10/29/14, 9/9/15, 9/16/15, 9/24/15, and 9/30/15); (2) conversations and correspondence with or about unnamed potential "clients" (Brewster entries on 9/11/14, 11/3/14, 11/4/14, 11/13/14 and 4/15/15); (3) communications with attorneys not actively involved in the litigation (Brewster entry on 8/23/14 and Richardson entry on 9/11/14); (4) communications with or about unidentified individuals who are unidentifiable by defendant as having any relationship to the case (Richardson entries on 5/11/15 and 10/13/15, Arciniegas entry on 9/16/15, and Brewster entries on 5/18/15 and 10/7/15); (5) emailing a wrong person (Richardson entry on 11/13/14); (6) time spent on tasks pertaining to conditional certification (which was not sought) and regarding opt-in plaintiffs (of which there were none) (Arciniegas entry on 3/17/15 and Brewster entries on 3/16/15 and 3/18/15); and (7) the failure of Arciniegas and Richardson to follow Brewster's example and deduct time for certain administrative tasks, such as discussing the fee-splitting arrangement amongst themselves and preparing retainer agreements (Arciniegas entry on 8/18/14 and Richardson entries on 9/15/14, 9/17/14, and 9/29/14). (Doc. 48, at 4-6.) And, indeed, the plaintiffs' reply to the defendant's response in opposition effectively concedes many of the defendant's arguments in this regard inasmuch as two of plaintiffs' attorneys looked again at their time records and eliminated some of the entries to which defendant interposed objection. For instance, Ms. Richardson eliminated all entries related to work performed on one of the plaintiff's bankruptcy case (compare Doc. 49, Exhibit 2 (entries on 10/28/14, 11/3/14, 3/24/15, and 3/25/15) with Doc. 45, Time Records Attached to Richardson declar. (entries on 10/28/14, 11/3/14, 3/24/15, and 3/25/15)), those entries associated with discussing the fee-splitting arrangement and preparing retainer agreements (compare Doc. 49, Exhibit 2 (entries on 9/15/14, 9/17/14, and 9/29/14) with Doc. 45, Richardson Time Records (entries on 9/15/14, 9/17/14, and 9/29/14)), and her communications with a lawyer not involved in the case (compare Doc. 49, Exhibit 2 (entry on 9/11/14) with Doc. 45, Richardson Time Records (entry on 9/11/14)), while Mr. Brewster appears to have eliminated time he spent related to conditional certification (compare Doc. 49, Exhibit 3A (entries on 3/16/15 and 3/18/15) with Doc. 45, Exhibit 2A (entries on 3/16/15 and 3/18/15)). However, plaintiffs' counsel did not do enough because Ms. Richardson failed, for instance, to eliminate the time entry for emailing the wrong person,
Lambert's Café next complains that there are numerous vague entries throughout the fee records supplied by plaintiffs' counsel. There can be little question but that "[t]he key requirement for an award of attorney fees is that `[t]he documentation offered in support of the hours charged must be of sufficient detail and probative value to enable the court to determine with a high degree of certainty that such hours were actually and reasonably expended in the prosecution of the litigation.'" Imwalle v. Reliance Medical Products, 515 F.3d 531, 553 (6th Cir. 2008), quoting United Slate, Local 307 v. G&M Roofing & Sheet Metal Co., 732 F.2d 495, 502 n.2 (6th Cir. 1984); see also Barnes, supra, 168 F.3d at 427 ("`[T]he general subject matter of the time expenditures ought to be set out with sufficient particularity so that the district court can assess the time claimed for each activity.'"). As a consequence, "exceptionally terse descriptions of activities do not satisfy the applicant's burden" of maintaining adequate billing records, Wright v. Blythe-Nelson, 2004 WL 287002, *5 (N.D. Tex. Dec. 13, 2004) (citation omitted), and vague entries may well be found not reimbursable, see, e.g., id. ("`Prepare for Trial'" entries were impermissibly vague and were disallowed); see Bujanowski v. Kocontes, 2009 WL 1564263, *2 (M.D. Fla. Feb. 2, 2009) ("[A] time entry may be [] discounted where the description of the work performed is overly vague."), report and recommendation adopted in part, 2009 WL 1564244 (M.D. Fla. May 1, 2009). The defendant cites, again as purely examples, entries by Mr. Arciniegas for "emails with co-counsel regarding," "email to co-counsel," "review file call client" (Doc. 245, Exhibit A to Arciniegas declar. (entries on 8/13/15, 2/24/15 & 3/18/15)) and entries by Mr. Brewster for "email to Daniel and Abby re: tasks," "telephone Morris," and "conference re: Ct. regal meet" (see, e.g., Doc. 49, Exhibit 3A (entries on 3/18/15, 4/8/15 & 6/11/15)). (Doc. 48, at 7.) And while plaintiffs chastise defendant for focusing on individual parts of entries (see Doc. 49, at 7 & Exhibit 3A (Brewster entries on 3/18/15 & 4/8/15)), this really "begs the question" inasmuch as Mr. Brewster appears to have now "wholly" withdrawn his request for reimbursement for emailing "Daniel and Abby re: tasks" on April 8, 2015 (compare Doc. 49, Exhibit 3A (4/8/15 entry)) and his March 18, 2015 entry remains attackable as an example of impermissible block billing. It should suffice to say that a number of entries in this case are, in fact, too vague for the Court to determine the reasonableness of the time expended,
Next, the defendant correctly points out that any time spent by plaintiffs' counsel on clerical tasks should be excluded from the "hours" figure of the lodestar calculation (see Doc. 48, at 7-9). Smith, supra, at *6 ("A lawyer may not bill for performing clerical tasks."); cf. Missouri v. Jenkins ex rel. Agyei, 491 U.S. 274, 288 n.10, 109 S.Ct. 2463, 2472 n.10 (1989) ("[P]urely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them."). In a partial concession of this attack, Ms. Richardson reviewed her time records and eliminated the entry on February 2, 2015, for reviewing the answer due deadline and calendaring same. (See Doc. 49, Exhibit 2 (2/2/15 entry); compare id. with Doc. 45, Time Records Attached to Richardson declar. (2/2/15 entry).) Again, however, the movants did not go far enough inasmuch as it is clear that Ms. Richardson should have eliminated the time she spent on July 28, 2015 calendaring the dates set forth in the undersigned's mediation order (see Doc. 49, Exhibit 2 (7/28/15 entry)),
By far the most significant objections lodged by the defendant relate to alleged "duplication" of efforts. (See Doc. 48, at 9-15.)
In this case, the defendant attacks the plaintiffs' failure to make any deductions for the excessive time their attorneys spent emailing each other, activities in which only two of the three attorneys participated, and time for tasks to which multiple attorneys devoted time. (Doc. 48, at 10.) In addition, the defendant takes issue with both Mr. Brewster and Ms. Richardson attending the settlement conference, arguing that one too many showed and "prepared" for the conference.
According to plaintiffs, counsel divided labor so that Mr. Brewster and Ms. Richardson developed the facts (including interviewing potential clients and witnesses), Ms. Richardson was primary regarding all pleadings and research supporting same, Mr. Arciniegas analyzed time data, developed formulas, and performed calculations underlying the settlement, and Mr. Brewster "provided knowledge of local systems procedures, bankruptcy court matters, and the negotiations, including the mediation." (Doc. 45, Exhibit 1, Plaintiffs' Memorandum, at 8.) However, when the undersigned looks at each time itemization submitted in this case, it becomes instantly clear, for instance, that all three attorneys spent time drafting (or working on) the complaint, the various briefs filed on the issue of attorney's fees, researching legal issues, and the like, which irrevocably blurs the markers representing each attorney's distinct contribution. Since Ms. Richardson was assigned the task of drafting the pleadings, the undersigned fails to understand why it would be necessary for Mr. Arciniegas to email her about the complaint (including, providing a basic complaint) (see Doc. 45, Exhibit A to Arciniegas declar. (entries for 9/11/14, 9/16/14, and 9/26/14)) or for Mr. Brewster to spend on the complaint all the time reflected on his itemization (see Doc. 49, Exhibit A3 (entries for 11/6/14, 12/8/14, 12/23/14, 1/12/15, and 1/13/15)). Additionally, the undersigned does not understand why it was necessary for Mr. Arciniegas to become so intimately involved in working on the fee petition—including adding case law and finalizing the motion for fees (see Doc. 45, Exhibit A to Arciniegas declar. (entries for 9/17/15, 10/1/15, 10/8/15, 10/14/15, and 10/15/15))—or for Mr. Brewster to research hourly rate law (see Doc. 49, Exhibit 3A (entry for 10/13/15)). Moreover, because Mr. Brewster was assigned the task of mediating the case, the undersigned is not convinced that it was necessary for Ms. Richardson to prepare for and attend the mediation, from either a factual or legal perspective (see Doc. 49, at 11 ("Mr. Arciniegas and Ms. Richardson were essential to providing the legal and factual support for Plaintiffs' position.")), inasmuch as one of Mr. Brewster's other tasks was to assist in developing the facts and his detailed preparation was sufficient for him to have a "grip" on the case from a factual perspective, and any need for aid in legal support could have been handled from the confines of Ms. Richardson's office (similar to the aid offered by Mr. Arciniegas). And, finally, because Mr. Arciniegas was responsible for drafting the joint motion to approve settlement and spent much time on that endeavor, the undersigned finds that it was not necessary for Ms. Richardson to edit the motion. (See Doc. 49, Exhibit 2 (entries for 8/27/15 and 8/28/15).) Such duplication in effort can, again, be accounted for in across-the-board reductions, as even the defendant suggests. (See Doc. 48, at 16 ("Other adjustments, such as those intended to isolate vague and duplicative entries, are more tedious to calculate and therefore should be subject to an additional across the board reduction.").)
What this Court specifically
The foregoing lengthy discussion establishes that the hours requested by the fee applicants are not reasonable and, in light of the voluminous billing records, are subject to across-the-board reductions rather that the more tedious "pick and shovel work necessary to make a more precise determination." Kenny A. ex rel. Winn v. Perdue, 532 F.3d 1209, 1220 (11th Cir. 2008), rev'd and remanded on other grounds, 559 U.S. 542, 130 S.Ct. 1062 (2010). However, the percentages of reductions will be different because two of the attorneys acted (on two separate occasions) to cut their own hours. And while it is the Court's opinion that the efforts of Mr. Brewster and Ms. Richardson to reduce their hours did not go far enough, an across-the-board cut in the hours requested— 56.80 by Mr. Brewster and 64.75 by Ms. Richardson—of 20% is sufficient to account for all remaining deficiencies and bring their requests into the sphere of reasonableness.
The undersigned appreciates the defendant's argument to be that despite its request for an early settlement demand from the plaintiffs, the plaintiffs at all times took a cavalier attitude to settling this matter, offering nothing to the defendant until the court-mandated settlement conference on June 25, 2015 (see Doc. 23, at 8), when they demanded $25,000 per plaintiff, plus attorneys' fees, without providing rationale for the calculation, and thereafter, eschewed all defendant's offers of settlement and supplied damage calculations to the undersigned that were difficult to understand. (See Doc. 48, at 16-21.)
(Id. at 21-22 (internal citations and footnote omitted).)
The undersigned simply cannot find that the defendant's argument in this regard warrants a downward departure in the lodestar given its admission that plaintiffs actually obtained more in damages than that to which they were entitled. Moreover, it also bears repeating that the defendant knew plaintiffs' opening salvo on June 25, 2015 ($25,000 for each of the five plaintiffs, plus attorneys' fees) was patently unrealistic. Therefore, its suggestion that the undersigned should compare the settlement amount (a total of $38,000 for the five plaintiffs) to the initial unrealistic total demand of $125,000, and then adjust the lodestar accordingly, is rejected. In other words, the defendant's arguments do not persuade the undersigned that the $38,000 settlement (admittedly more than the plaintiffs were entitled to recover of defendant) as against an admittedly unrealistic demand of $125,000 is so insubstantial as to warrant a fee reduction. Thus, the "strong presumption" that the lodestar amount is the appropriate award is not altered and that is the amount the Court will award.
28 U.S.C. § 1920(1)-(6).
Both Mr. Brewster and Mr. Arciniegas seek as expenses the time expended by paralegals Michele Potter (3.6 hours @ $95.00 per hour) and Brooke Henderson (4.15 hours @ $95.00 per hour) on the instant litigation (compare Doc. 45, at 6 & 24 with id., Exhibits 1 & 2, Arciniegas & Brewster declars., Exhibit A to Arciniegas declar. and Exhibit C to Brewster declar.) and they include those requests under the overarching demand for reimbursement of reasonable costs (see Doc. 45, at 23-24; see also id. at 24 ("Plaintiffs respectfully request that an award of . . . $1,377.65 in costs be entered for Plaintiffs.")).
In light of the foregoing, this Court
For the reasons set forth above, the plaintiffs' motion for an award of reasonable attorneys' fees and costs (Doc. 45) is
A review of the time records submitted by plaintiffs' counsel does reveal some block billing by all attorneys. For instance, and as examples only, the following entries are reflective of block billing: (1) Mr. Arciniegas' entries for August 11, 2014, March 17, 2015, May 3-5, 2015, August 26, 2015, September 10, 2015, September 15, 2015, and September 16, 2015 (see Doc. 45, Exhibit A to Arciniegas declar.); (2) Ms. Richardson's entries for September 16, 2014, October 7, 2014, October 8, 2014, October 14, 2014, November 12, 2014, January 12-13, 2015, January 21, 2015, April 1, 2015, April 28, 2015, May 12, 2015, May 26, 2015, June 10, 2015, June 24, 2015, July 7, 2015, August 25, 2015, and September 23, 2015 (see Doc. 49, Exhibit 2); and (3) Mr. Brewster's entries for August 27, 2014, September 12, 2014, October 8, 2014, January 31, 2015, March 18, 2015, May 4, 2015, May 6, 2015, May 12, 2015, May 18, 2015, August 10, 2015, September 24, 2015, October 7, 2105, October 12, 2015, and October 13, 2015 (see id., Exhibit 3A).
The undersigned is of the opinion that the across-the-board reductions in the hours submitted by plaintiffs' counsel, as set forth infra, will offset the effects of block billing, as well as the other problems associated with the time itemizations submitted by plaintiffs' counsel. See Ceres, supra, 476 Fed.Appx. at 203 ("Courts have . . . approved across-the-board reductions in block-billed hours to offset the effects of block billing.").