ANTHONY E. PORCELLI, Magistrate Judge.
Plaintiff initiated this action asserting claims against Defendants for violations of the Fair Labor Standards Act ("FLSA") (Doc. 1). Namely, Plaintiff sought unpaid minimum wages, overtime compensation, and back pay. Defendants failed to appear in this action. As a result, Plaintiff moved for entry of a default and, subsequently, a default judgment against Defendants, each of which was granted (Docs. 10-14). Following an evidentiary hearing, the Court awarded Plaintiff damages in the amount of $64,514.80 and determined that Plaintiff is entitled to an award of reasonable attorney's fees and costs pursuant to 29 U.S.C. § 216(b)
Initially, Plaintiff seeks attorney's fees in the amount of $7,480.00, along with post-judgment interest. To calculate a reasonable award of attorney's fees, courts multiply the reasonable hourly rate by the reasonable hours expended. See Hensley v. Eckerhart, 461 U.S. 424, 433-34 (1983); Norman v. Housing Auth. of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988). In determining the lodestar figure, a "reasonable hourly rate" consists of "the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation." Norman, 836 F.2d at 1299. In this context, "market rate" means the hourly rate charged in the local legal market by an attorney with expertise in the area of law who is willing and able to take the case, if indeed such an attorney exists. Am. Civil Liberties Union of Ga. v. Barnes, 168 F.3d 423, 437 (11th Cir. 1999). The fee applicant bears the burden of establishing the requested rates are in line with the prevailing market rates by producing direct evidence of rates charged in similar circumstances or opinion evidence of reasonable rates. Norman, 836 F.2d at 1299. At a minimum, satisfactory evidence consists of more than the affidavit of the attorney performing the work; instead, "satisfactory evidence necessarily must speak to rates actually billed and paid in similar lawsuits." Id.
After determining the reasonable hourly rate, courts must then determine the amount of hours reasonably expended on the litigation. In submitting a fee petition, counsel must exercise proper billing judgment and thus exclude any hours that are "excessive, redundant, or otherwise unnecessary." Hensley, 461 U.S. at 434; Norman, 836 F.2d at 1301. Accordingly, counsel may not bill any hours to their adversary which they would not bill to their client. Hensley, 461 U.S. at 434. Where the time or fees claimed appear expanded or lack documentation or testimonial support, a court may make a fee award based on its own experience and knowledge. Norman, 836 F.2d at 1303 (citation omitted).
In this instance, Plaintiff seeks reimbursement for 19.6 hours of attorney time at a rate of $400.00 per hour, for a total of $7,840.00 in attorney's fees (Doc. 17). As to the hourly rate, the requested rate sought by Plaintiff should be reduced.
With respect to the hours expended, the time records reflect that Plaintiff's counsel spent 19.6 hours in prosecuting this action (Doc. 17, Ex. A).
As noted above, the district judge determined that Plaintiff, as the prevailing party, is additionally entitled to an award of costs under 29 U.S.C. § 216(b) (Doc. 18). See also Fed. R. Civ. P. 54(d). In FLSA cases, courts may award the costs permitted under 28 U.S.C. § 1920. Glenn v. Gen. Motors Corp., 841 F.2d 1567, 1575 (11th Cir. 1988) (determining that "nothing in the legislative history associated with Section 216(b)'s passage suggests that Congress intended the term `costs of the action' to differ from those costs as now enumerated in 28 U.S.C. § 1920."). Here, Plaintiff seeks costs in the amount of $485.00, which includes costs for the filing fee in the amount of $350.00 and service of process fees totaling $135.00 (Doc. 17, Ex. C). Both the filing fee and service of process fees requested by Plaintiff in this action constitute taxable costs pursuant to 28 U.S.C. § 1920 and therefore should be awarded to Plaintiff. 28 U.S.C. § 1920(1) (permitting taxation of the fees of the clerk and marshal as costs); see U.S. E.E.O.C. v. W&O, Inc., 213 F.3d 600, 624 (11th Cir. 2000) (holding that private process server fees may be taxed pursuant to 28 U.S.C. §§ 1920(1) & 1921); see Family Oriented Cmty. United Strong, Inc. v. Lockheed Martin Corp., No. 8:11-cv-217-T-30AEP, 2012 WL 6575348, at *1 (M.D. Fla. Dec. 17, 2012) (finding that "[f]ees of the clerk and marshal include filing fees and are clearly taxable"). Accordingly, it is recommended that Plaintiff be awarded costs in the amount of $485.00.
For the foregoing reasons, it is hereby
RECOMMENDED:
1. Plaintiff's Motion to Tax Attorney's Fees and Costs (Doc. 17) be GRANTED IN PART AND DENIED IN PART.
2. Plaintiff be awarded attorney's fees in the amount of $5,880.00 and costs in the amount of $485.00.
IT IS SO REPORTED.