BARRY S. SELTZER, Magistrate Judge.
THIS CAUSE is before the Court on Robert S. Norell, P.A.'s Verified Motion for Award of Attorney's Fees and Reasonable Expenses of Litigation ("Motion") (DE 31). The Motion was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida (DE 32). For the reasons set forth below, the undersigned RECOMMENDS that the Motion be GRANTED in part.
On May 9, 2017, Plaintiff Zoila Rodriguez (an hourly wage embroiderer) brought this action against her former employers, RMK World Wide Inc, d/b/a Logotastic Screen Printing & Embroidery and Robert Knobel, under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. seeking to recover unpaid overtime compensation and liquidated damages and attorney's fees and costs (DE 1). Plaintiff did not allege the amount of unpaid overtime in the Complaint.
On August 10, 2017, Defendants filed an Answer and Affirmative Defenses to the Complaint (DE 12). The litigation proceeded to discovery. Following the depositions of Robert and Dawn Knobel, Plaintiff filed a Motion for Summary Judgment (DE 21). In Support of the Motion, Plaintiff filed a Declaration, in which she claimed unpaid overtime wages of $3,133.74 (DE 21-6 ¶ 12). Plaintiff claims that she was not paid overtime wages from January 2014 through March 2017 (DE 22 ¶¶ 53, 54).
On April 18, 2018, the District Judge conducted a Status Conference at which the parties advised the Court that the case would be settled. Based on the parties' representations, the District Judge entered an Order closing the case and directing the parties to file a Joint Status Report by April 30, 2018 (DE 25). Plaintiff filed three status reports, which culminated in the filing of an Unopposed Motion to Approve Settlement on May 30, 2018 (DE 29). The settlement amount was $6,267.48, which represented the unpaid overtime wages of $3,133.74 and liquidated damages in an equal amount, which Defendants paid (DE 29 ¶ 10). The motion requested that the District Judge approve the settlement, deem Plaintiff to be the prevailing party, and reserve jurisdiction to award reasonable attorney's fees and litigation expenses (DE 29). On June 14, 2018, the District Judge granted the motion (DE 30).
On August 9, 2018, Plaintiff's counsel filed the instant Verified Motion for Attorney's Fees and Reasonable Expenses of Litigation (DE 31). The District Judge thereafter referred the Motion to the undersigned for a Report and Recommendation (DE 32). Defendants filed their Objection to the Motion (DE 33), and Plaintiff filed her Response (DE 34). The Motion is now ripe for decision.
The FLSA mandates an award of attorney's fees to a prevailing party pursuant to 29 U.S.C. § 216(b). Following approval of the settlement, Plaintiff's counsel, Robert S. Norell, P.A., filed the instant Motion seeking an award of attorney's fees and litigation costs (DE 31). Attorney Norell seeks attorney's fees of $34,212.50 (80.5 hours @ $425.00 per hour), paralegal fees of $520.00 (6.5 hours @ $80.00 per hour), and litigation costs of $1,491.10 (DE 31, 31-1 and 31-2), for a total of $36,223.60 (DE 31 ¶ 25).
In their Objection to the Motion, Defendants concede that Plaintiff is entitled to attorney's fees and costs, and they do not object to the amount of costs requested; they do, however, argue generally that the fees being sought are excessive. According to Defendants, the requested rate represents "a premium hourly rate for this area of practice," and the billing methodology was "value billing" or "block or unit billing," which creates a "multiple of the true value of the service provided." Yet, Defendants make no specific objections or recommendations as to the appropriate reductions, beyond concluding that the form of the invoice was "designed to pad or overstate a legal invoice to be charged to an employer in an FLSA matter." They ask that "the legal invoice . . . be adjusted accordingly" (DE 33). In Response, Plaintiff argues that the Objection be rejected on both procedural and substantive grounds, including non-compliance with Local Rule 7.3(b) for failing to object to the fee request with particularity (DE 34).
In reviewing the Motion, the undersigned remains mindful of the admonition that "[i]n awarding attorney's fees, `[c]ourts 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.'"
Plaintiff seeks attorney's fees and costs incurred during the course of this litigation. More specifically, Plaintiff seeks fees in the amount of $34,732.50 and costs of $1,491.10 for a total award of $35,223.60.
Entitlement to attorney's fees and costs are mandated by 29 U.S.C. § 216(b), which provides that "[t]he 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, and costs of the action." Because Defendants agree that Plaintiff is entitled to attorney's fees and costs (DE 29, DE 31 ¶ 10, DE 33 ¶ 1), and because Defendants do not contest the amount of costs that she seeks, the undersigned need only determine a reasonable amount of attorney's fees to be awarded to Plaintiff.
Attorney Norell has submitted billing records and a declaration (DE 31-1, 31-2) in support of his claim for attorney's fees in the amount of $34,732.50 (DE 31-1, 31-2).
To calculate a reasonable fee, the Court must utilize the "lodestar" method.
Throughout this litigation, Plaintiff was represented by attorney Robert S. Norell. Attorney Norell seeks an hourly rate of $425. Norell is a 1993 graduate of Nova Southeastern Law School and was admitted to practice law in Florida, as well as in the Southern District of Florida, in 1994. He was admitted to practice in the Middle District of Florida in 2002. He was certified by the Florida Supreme Court as a Circuit Civil Mediator in 2009. He is presently the sole shareholder in the one-lawyer litigation firm of Robert S. Norell, P.A., which he founded in 1996. Attorney Norell represents that he has 24 years of civil trial experience in "employment discrimination, labor and employment law and wage and hour litigation." He represents that over the past 17 years he has handled more than 450 cases similar to the instant action (DE 31-2) and that he has tried numerous employment cases to verdict, as his "current practice is devoted primarily to civil litigation in the area of Fair Labor Standards Act and Florida Statutes Chapter 448 unpaid wage actions, representing mostly plaintiffs against current or former employers" (DE 31-2).
Based upon a review of the record, the qualifications of counsel, the nature of the case and work performed, the objection by Defendants, and the undersigned's knowledge and experience, the undersigned finds that an hourly rate of $350 for attorney Norell is reasonable and in accord with rates charged in the South Florida legal community for this type of case and by lawyers of reasonably comparable skills, experience, and reputation.
Once the hourly rate is set, the Court must determine the reasonable number of hours expended in the litigation. This analysis focuses on the exclusion of hours "that would be unreasonable to bill to a client and therefore to one's adversary irrespective of the skill, reputation or experience of counsel."
Here, the undersigned's review of the billing entries has uncovered several instances of duplicative and excessive billing. By way of example, the undersigned's review of the billing entries revealed that Plaintiff's counsel charged 1.1 hours (eleven entries) for reviewing documents that he himself prepared and filed through CM/ECF. Counsel also billed approximately 1.9 hours for such administrative tasks as online research of addresses.
The undersigned has also reviewed other billing entries, which appear to reflect excessive time for such matters as: reviewing and re-reviewing documents, preparing form pleadings, reviewing and responding to discovery requests, and examining emails.
The Eleventh Circuit has instructed that "[w]hen 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 or it may reduce the requested hours with an across-the-board cut."
Multiplying the reasonable hourly rate(s) by the reasonable number of hours expended, the undersigned recommends that the District Court award attorney's fees of $21,131.25 (60.375 hours multiplied by the hourly rate of $350) and paralegal fees of $390 (4.875 hours multiplied by the hourly rate of $80), for a total fee award of $21,521.25. Furthermore, on the facts of this case, the undersigned concludes that no adjustment to this loadstar amount is warranted.
As the prevailing party, Plaintiff is entitled to an award of costs pursuant to Rule 54(d)(1). The particular items that may be taxed as costs are set out in 28 U.S.C. § 1920. As there is no objection to the costs and as they are included in the categories generally awarded, the undersigned recommends a cost award of $1,491.10.
Based on the foregoing, the undersigned recommends that Robert S. Norell, P.A.'s Verified Motion for Award of Attorney's Fees and Reasonable Expenses of Litigation (DE 31) be GRANTED in PART. The total amount of attorney's fees and litigation costs recommended is $23,012.35.
The parties will have fourteen (14) days from the date of being served with a copy of this Report and Recommendation within which to file written objections, if any, with the Honorable Darrin P. Gayles, United States District Judge. Failure to file objections timely shall bar the parties from a
DONE AND SUBMITTED.