BOYD N. BOLAND, Magistrate Judge.
This matter arises on the
The Motion for Attorneys' Fees [Doc. #21] is supported by the affidavits of plaintiff's counsel, Richard E. Lotz, and a legal assistant with the Office of the Colorado Attorney General, Suzanne Burdick, as well as the Colorado Bar Association's 2008 Economic Survey regarding attorney hourly billing rates. The Motion also includes a detailed description of the services rendered, the amount of time spent, the hourly rates, the total amount claimed, and Mr. Lotz's qualifications and experience, all as required by D.C.COLO.LCivR 54.3. No response to the Motion for Attorneys' Fees has been received.
In calculating reasonable attorneys' fees, I apply the lodestar principles stated in
Mr. Lotz and Ms. Burdick have submitted timekeeping reports to substantiate their fee claim. The timekeeping reports reflect that Mr. Lotz expended 33.3 hours at a rate of $250.00 per hour, for a total of $8,325.00. The timekeeping records indicate that Ms. Burdick claims 1.5 hours at $100.00 per hour, for a total of $150.00. The award of fees and costs sought by the plaintiff is $8,475.00.
I have no quarrel with the rates charged by Mr. Lotz and Ms. Burdick, and I find that they are reasonable. The total amount of fees and costs sought, however, is excessive in view of the nature of the task at issue. I have awarded fees based on a straight-forward discovery dispute. The initial Motion to Compel was two pages long and contained a basic legal analysis. Thereafter, defendant Earl H. Brauch filed a response to the motion to compel [Doc. #14] which, in the words of the plaintiff, "appears to be a belated response to Plaintiff's discovery requests. . . ." Reply [Doc. #15] at ¶2. The plaintiff then engaged in obvious overkill, filing a Reply of 19 pages accompanied by 41 pages of exhibits.
I do not intend to review the fee request line by line. To the contrary:
According to the plaintiff's time records, the motion to compel required 2.2 hours to prepare. Plaintiff's counsel required one hour to review Mr. Brauch's response to the motion to compel. A reasonable reply should have taken no more than eight hours to draft. Consequently, I find that the plaintiff is entitled to an award of fees for not more than 13.2 hours time at the rate of $250.00 per hour.
IT IS ORDERED:
(1) The Motion for Attorneys' Fees [Doc. #21] is GRANTED; and
(2) The plaintiff is awarded its reasonable and necessary attorneys' fees and costs in the amount of $3,300.00, against defendant Earl H. Brauch.