M. CASEY RODGERS, Chief District Judge.
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation ("R&R") dated March 24, 2015. (Doc. 331). The parties have been furnished a copy of the R&R and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de novo determination of Plaintiff Equal Employment Opportunity Commission's ("EEOC") timely filed objections (see docs. 332, 333) and has reviewed Defendant West Customer Management Group, LLC's ("West") response (doc. 324). Having fully considered the matter, the Court finds that the objections should be overruled and the R&R adopted.
The EEOC asserts that the R&R does not reflect a "conscientious and detailed inquiry" and argues that the number of hours billed are not reasonable.
The EEOC objects to a total of 141.4 hours of the awarded attorney's fees, arguing this amount should be subtracted on grounds that the billings lack specificity and reflect clerical tasks or billing for excessive, duplicative, unproductive or unnecessary work.
Similarly, 7.5 hours billed by Attorneys Phillipi and Springer for researching an issue on which the Court requested authority during trial are reasonable, despite the EEOC's contention that the topic was related to a prior in limine order and more than one attorney engaged in the research, see, e.g. id., especially in light of the EEOC's decision to overly complicate matters by continuing to pursue a baseless claim at all costs through the conclusion of a jury trial after it should have been clear (by the time of the pretrial conference) that the evidence did not support the claim.
The EEOC objects to 34.4 hours of paralegal time billed for tasks it asserts should not qualify as work traditionally done by an attorney. The paralegal in this instance assisted at trial and performed tasks such as background reports and exhibit preparation. The Court finds the hours to be reasonable.
The EEOC also objects to West's claim of 44.6 billable hours for two attorneys' travel time. The Eleventh Circuit has found that "excluding out-of-town counsel's travel time is proper only if it was unreasonable not to hire qualified local counsel." Id. at 1208. Also, "district courts in this Circuit have regularly held that reasonable travel time is compensable at a regular hourly rate." George v. GTE Directories Corp., 114 F.Supp.2d 1281, 1290 (S.D. Fla. 2000) (stating). Here, West voluntarily reduced this cost by billing fewer hours and charging only half of the attorney's fee rate for the travel time claimed.
The EEOC argues that West is not entitled to non-taxable costs that are not properly itemized and customarily charged to fee-paying clients—$5,976.44 related to travel and lodging for non-local counsel (specifically consisting of $1,644 as the cost of airfare for Attorneys Weisbart and Springer; $3,058.58 as lodging; and $389.17 for their car rental); $884.69 for the costs of shipping materials from Texas to Pensacola by federal express; and $1,343.23 for photocopying and document preparation. The Court finds these out-of-pocket expenses reasonable and sufficiently itemized for purposes of determining nontaxable costs. See generally, Pinkham v. Camex, Inc., 84 F.3d 292, 294-95 (8th Cir. 1996) (allowing reasonable out-of-pocket expenses to be recovered); see also Dowdell v. City of Apopka, Fla., 698 F.2d 1181, 1188-89 (11th Cir. 1983) (stating that "[w]here cost-shifting is expressly authorized by statute, the traditional limitations of Rule 54(d) and 28 U.S.C. §§ 1920 and 1923(a) do not apply."). The Court agrees with the Magistrate Judge's determination of reasonable nontaxable costs.
Accordingly:
1. The EEOC's objections are
2. West is awarded $90,541.50 in attorneys' fees and $7,319.67 in nontaxable expenses incurred from the date of the pretrial conference through the conclusion of the trial.
3. The Defendant's Supplemental Motion for Award of Attorneys' Fees and Nontaxable Expenses (doc. 319) is
4. The parties have fourteen (14) days to confer and attempt to agree regarding the amount of West's supplemental fees. If no agreement is reached, West has twenty-one (21) days from the date of this Order to submit materials in support of its claim for supplemental attorneys' fees and nontaxable expenses incurred in litigating the attorneys' fee issue. The EEOC has fourteen (14) days thereafter to respond.
5. The matter is remanded to the Magistrate Judge to conduct all further proceedings regarding the issue of attorneys' fees and nontaxable expenses.