WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on Stokes Law Office LLP's ("Stokes Law") Interim Application for Attorney's Fees [309] ("Motion").
On June 20, 2016, Stokes Law filed its Motion seeking attorneys' fees and costs. On July 5, 2016, Agrifact Capital, LLC ("Agrifact") filed its Response to Stokes Laws's Motion [314], in which it objects to specific portions of Stokes Law's fee application.
The Court's PACA Order authorized and directed Stokes Law to undertake various tasks to preserve and collect the PACA trust assets of Crisp Holdings, LLC d/b/a Fresh Roots. The Court's PACA Order provides that "[Stokes Law] . . . is authorized to withhold a reserve from PACA Trust Assets for payment of its fees and expenses under this Order." (PACA Order ¶ 16(c)). Stokes Law seeks $123,402.50 in attorneys' fees and $6,285.48 in costs.
As a general rule, the starting point for calculating reasonable attorneys' fees is "the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate" for the attorneys' services.
The fee applicant is the party that "bears the burden of establishing entitlement and documenting the appropriate hours and hourly rates."
Stokes Law's fee request states that three attorneys, Maurleen Cobb and Craig Stokes, and a legal assistant, Rosa Barrera, provided services for which Stokes Law seeks fees. Cobb and Stokes bill at an hourly rate of $300, and Barrera has an hourly rate of $125. The Court finds these rates reasonable in the Atlanta market for legal services.
With respect to the hours worked, the Court finds several issues with Stokes Law's fee request. First, several entries predate the Court's September 4, 2015, PACA Order. Because the tasks described in these entries took place before Stokes Law was authorized to be compensated from the PACA trust, the Court deducts these entries, totaling $5,107.50, from Stokes Law's fee request.
Next, Stokes Law seeks fees for its work in obtaining records from certain storage facilities. (
Stokes Law also seeks fees for its work in a case against Crisp in Arkansas ("Arkansas Case"). ([309.1] at 2, 5, 54 It states that "Stokes Law had the express consent and approval from the PACA trust beneficiaries in this case for its actions in the Arkansas case." (Reply [315] at 6). The Court finds this work is not compensable. The PACA Order did not authorize Stokes Law to work on the Arkansas Case and thus does not authorize Stokes Law to recover its fees for such work. Accordingly, the Court deducts $161.41 from Stokes Law's post-PACA Order fee requests.
Finally, though the Court finds that, generally, the hours billed are reasonable, Stokes Law routinely seeks fees for clerical tasks, which are not compensable.
Accordingly, after deducting the non-compensable activities described above, Stokes Law is entitled to $115,007.04 in attorneys' fees and $4,567.53 in costs. Because Stokes Law has credited $1,713.57 in retainer fees and other fees to itself, (
For the foregoing reasons,