HUGH LAWSON, Senior District Judge.
The only issue remaining in this case is the calculation of the monetary award for Plaintiff Phillips 66 Company ("Plaintiff"). The Court has already granted summary judgment to Plaintiff on its claim for breach of contract and determined that it is entitled to attorney fees and costs. Plaintiff has now supplemented the information it is providing in support of its request for attorney fees and costs. Thus, Plaintiff's Motion for Summary Judgment (Doc. 17) is granted, and final judgment can be entered.
As indicated in a previous Order (Doc. 41), Plaintiff is entitled to $121,510.45 plus interest in actual damages. Because the New Construction Incentive Program Agreement ("NCIP Agreement") that existed between the parties is silent as to the interest that would be charged in the event of a breach, the prejudgment interest rate is set at seven percent under Georgia law.
Plaintiff is also entitled to an award of reasonable attorney fees under the terms of the NCIP Agreement, although less than the $61,281.25 it has requested. In calculating a reasonable award of attorney fees, courts must use a lodestar approach in which the number of hours reasonably expended on the litigation is multiplied by the reasonable hourly rate.
The Court finds that, with one exception, the hourly rates requested by Plaintiff for those providing its legal representation are reasonable. Because this case was filed in the United States District Court for the Middle District of Georgia, Valdosta Division, this is the relevant legal market for purposes of determining the reasonableness of Plaintiff's requested rates. For three of the attorneys representing Plaintiff,
Having established the reasonable hourly rates for the legal work provided to Plaintiff, the Court must multiply these rates by the number of hours that were reasonably expended in this case. Before this can be done, the Court must verify that the work that was performed was reasonably necessary and subtract any time spent on unnecessary work from the total number of hours submitted by Plaintiff. Plaintiff, as the party seeking an award of attorney fees, bears the responsibility of properly documenting the hours it claims.
Reviewing the records submitted by Plaintiff shows that much of the work for which it seeks attorney fees was unnecessary, not legal in nature, or insufficiently described as to allow the Court to determine whether it was reasonable. In reviewing fee applications, courts should not award fees for hours that are "excessive, redundant, or otherwise unnecessary."
A number of hours submitted for Brooks were not reasonably expended on legal work. On September 11, 2012, Brooks billed 0.3 hours for "Address issues regarding local counsel and strategy" and 0.2 hours for "Confer with potential local counsel." Then, on October 8, 2012, he spent 0.1 hours on "Address local counsel issues." The work on October 8 seems redundant of the work done on September 11, so 0.1 hours will be deducted from Brooks' hours. The Court also finds unnecessary the 0.2 hours Brooks spent on September 10, 2014 in "Review[ing] summary judgment order granting P66 summary judgment and outlin[ing] next steps." Another attorney had already performed similar work. Multiplying the trimmed time by Brooks' hourly rate results in $67.50 being taken from Plaintiff's requested attorney fees.
The hours submitted for John G. George, Jr. ("George") must also be cut. George provided such scant information for many of his time entries that the Court cannot determine if this work was reasonably necessary for this case and, therefore, refuses to award Plaintiff attorney fees based on this work. On February 16, 2012, George used block billing to describe 1.4 hours supposedly spent on this case and then redacted many of the words describing his work. Because the Court is unable to determine what George was doing, it trims this entry by 1.0 hour. An additional 5.3 hours are eliminated from Plaintiff's claimed hours because the redaction of information in other time entries for George makes it impossible to verify that this work was necessary. The Court also cuts 0.6 hours from December 16, 2013 because George was not doing legal work.
The time entries submitted by Plaintiff portray George as having devoted considerable time to "Update collection docket spreadsheet" and related activities.
The time records submitted by Plaintiff also show redundant entries in which George is described as doing work already done by other attorneys. For example, on September 6, 2012, George used 0.4 hours to "Analyze status of matter and need to secure local counsel in Georgia," and then on September 11, he attributed 0.3 hours to "Analyze options for local counsel in Georgia." In October 2012, he spent 0.3 hours on similar work. This was unnecessary work given what Brooks had already done. Additionally, George spent 1.1 hours in analyzing the transcript of a deposition that was taken by a different attorney in his firm, who also reviewed the transcript. These are clearly redundant tasks, and Plaintiff will not receive attorney fees for this time.
Plaintiff's attorneys, including George, spent excessive time in performing certain tasks, including drafting the complaint, preparing Plaintiff's motion for summary judgement, and drafting the Rule 25 motion for substitution of a party. Excluding the signature page, Plaintiff's complaint is only five pages long and only contains three counts. A reasonable time to draft this pleading would be four hours. Excessive time was also spent on writing the motion for summary judgment. This is not a particularly complicated case, and the summary judgment brief should have taken no more than eighteen hours to draft. Likewise the motion to substitute a party, which in this case is less than one and a half pages long, is the sort of routine motion that should take no more than one hour to draft. To account for the unnecessary time spent on these tasks, Plaintiff's claimed hours have been cut by 12.4 hours.
The total time deducted from Plaintiff's claimed hours for George's work is 26.4 hours. Based on George's hourly rate of $175 per hour, $4,620.00 must be deducted from Plaintiff's requested attorney fees.
Significant reductions must also be made to the time submitted for Don P. Walker ("Walker"). Some of the hours submitted by Plaintiff for him did not relate to legal work. Thus, the Court cuts 3.6 hours from his billed time.
Additional cuts must be made to Walker's hours for other reasons. He often performed tasks that took an excessive amount of time to accomplish, were redundant to work done by other attorneys, or were otherwise unnecessary.
Not all of the hours Plaintiff claims for the work done by Brian Waters ("Waters") are reasonable. The Court eliminates 31.9 hours from Waters' billed time because the tasks were redundant of work performed by other attorneys or the redacted descriptions of the time entries do not support an award of attorney fees.
Most of what Burnham, Plaintiff's local counsel, did in this case was simply review work by other attorneys or duplicate tasks that had already been done. The Court will not award attorney fees to Plaintiff for the time Burnham spent in these ways. The time submitted for Burnham is reduced by 1.7 hours.
Plaintiff has also requested attorney fees for work done by various paralegals
The Court has also found that, under the terms of the NCIP Agreement, Plaintiff is entitled to an award for its costs in this matter. (
The Clerk of Court is directed to enter judgment in favor of Plaintiff in the amount of $228,541.24, which is the sum for the awards for actual damages, attorney fees, and costs and expenses, with post-judgment interest to run as allowed by law. This case is to be closed.