LEONARD T. STRAND, United States Magistrate Judge.
This case is before me on plaintiff's application (Doc. No. 35) to recover costs and attorney fees. Defendants Charlene Baas and Ronald Baas have filed a resistance (Doc. No. 42). Defendant Erasmo Eufracio has not filed a response to the motion. No party has requested oral argument and, in any event, I find that oral argument is not necessary. See L.R. 7(c). The application is fully submitted.
Plaintiff Life Insurance Company of North America (LINA) filed this interpleader action on May 7, 2013. According to the complaint and its exhibits, Nicole Eufracio died in a car accident on October 31, 2012, at the age of 27. She was insured through her employer under a group life insurance policy issued by LINA. A death benefit is payable in the amount of $31,000.00.
Under the terms of the policy, Erasmo Eufracio would be entitled to those proceeds if he was validly married to Nicole at the time of her death. Charlene and Ronald Baas, who are Nicole's parents, claim that Nicole and Erasmo were not legally married at the time of Nicole's death. If they are correct, then they contend that they are entitled to the insurance proceeds. Faced with these competing claims, LINA filed this action. Its complaint seeks leave to deposit the disputed proceeds with the Clerk and requests an order, pursuant to 28 U.S.C. § 2361, enjoining the defendants from filing separate actions against LINA under the policy. Doc. No. 2.
Charlene and Ronald Baas filed an answer on June 6, 2013, making it clear that they do, indeed, seek recovery of the proceeds on grounds that Nicole and Erasmo were not validly married, or were in the process of dissolving the marriage, at the time of Nicole's death. Doc. No. 8. Erasmo, a resident of Mexico, then filed his pro se answer on October 16, 2013. Doc. No. 12. He, too, confirms that he seeks recovery of the insurance proceeds and contends that Nicole was his lawful spouse at the time of her death. Id. at 2-4. Trial is scheduled to begin on October 27, 2014.
LINA moved for, and eventually obtained, an order permitting it to deposit the proceeds, discharging it from further obligations under the policy and awarding costs and attorney fees. See Doc. Nos. 13, 14, 16, 17, 19, 30 and 31.
LINA filed its motion for attorney fees on April 10, 2014, and supplemented it (at the court's request) on April 28, 2014. Doc. Nos. 35, 37, 39. LINA seeks to recover attorney fees in the amount of $8,799.50 and expenses in the amount of $8,478.92, for a total of $17,278.42. Doc.
As noted above, LINA's right to recover a reasonable amount of attorney fees and expenses is not in dispute and, indeed, has been established by prior order. Doc. No. 31. In determining that "reasonable" amount, however, it is helpful to consider the rationale for allowing the recovery.
No rule or statute permits an interpleader plaintiff to recover its attorney fees. Normally, this lack of authorization would preclude such a recovery. See, e.g., Doe v. Nixon, 716 F.3d 1041, 1048 (8th Cir.2013) (describing the so-called "American Rule," pursuant to which each party bears its own attorney fees unless Congress has provided "explicit statutory authority for awarding fees to a prevailing party") (quoting Buckhannon Bd. and Care Home, Inc. v. W.Va. Dep't of Health and Human Res., 532 U.S. 598, 602, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001)). However, federal courts have traditionally relied on the equitable nature of the interpleader remedy to allow a "modest" award of attorney fees despite the lack of statutory authority. The Eighth Circuit Court of Appeals explained as follows, over seventy years ago:
Hunter v. Federal Life Ins. Co., 111 F.2d 551, 557 (8th Cir.1940); accord The Equitable Life Assur. Soc'y of the United States v. Miller, 229 F.Supp. 1018, 1020-21 (D.Minn.1964) (acknowledging that attorney fees may be recovered but noting that the awards are "generally modest").
Here, LINA seeks an award of attorney fees and expenses equal to nearly 56% of the fund it has deposited with the court. Such an award would "seriously deplete" the fund, a result that is not favored. See Hunter, 111 F.2d at 557. Thus, a close examination of LINA's claim is necessary. Moreover, I note that some federal courts have questioned whether attorney fees are appropriate when a plaintiff files an interpleader action to obtain the court's assistance concerning a decision arising in the normal course of business, or otherwise realizes benefits from the interpleader remedy. For example, Sun Life Assur. Co. of Canada v. Thomas, 735 F.Supp. 730 (W.D.Mich.1990), presented a factual scenario analogous to that present here, with a group life insurer commencing an interpleader action after an insured died in an automobile accident. The court denied the plaintiff's request for attorney fees, stating:
Id. at 733. Several other federal courts have reached similar conclusions. See, e.g., In re Mandalay Shores Coop. Hous. Ass'n, 21 F.3d 380, 383 (11th Cir.1994) (recognizing a "normal course of business" exception to an award of attorney fees in an interpleader action); Emcasco Ins. Co. v. Davis, 753 F.Supp. 1458, 1464-65 (W.D.Ark.1990); Fidelity Bank v. Commonwealth Marine & Gen. Assur. Co., 592 F.Supp. 513, 525-26 (E.D.Pa.1984).
These authorities call into question whether LINA should recover any of its attorney fees and case-related expenses. However, because no defendant resisted LINA's request for an order allowing such a recovery, and because Charlene and Ronald Baas simply object to the amount LINA claims, I find that LINA is entitled to an award in some amount. However, the principles discussed above are instructive when considering the amount of LINA's request.
LINA seeks recovery for a total of 36.7 hours spent on this matter by its Minnesota attorneys, at rates ranging from $225 to $275 per hour, for a total of $8,799.50. Doc. No. 39 at 1-2. I find that the hourly rates are consistent with those charged by similarly-situated attorneys in this legal market and, therefore, are appropriate. I will address the amount of hours below. In addition, LINA seeks to recover $8,478.92 in out-of-pocket expenses. The legal services and expenses fall into the following categories: (1) locating and serving Erasmo Eufracio, (2) legal research and drafting, (3) local counsel fees and (4) miscellaneous other fees. I will review each category separately:
Thus, with a total amount in dispute of just $31,000.00, LINA spent over $12,000.00 just to serve Erasmo and, therefore, arguably bind him to the outcome
First, such a charge would "seriously deplete" the fund and, in comparison to the fund, is hardly "modest." Second, by locating and serving Erasmo, and subsequently obtaining an order (Doc. No. 31) that discharges its liability and protects it from further claims by Erasmo, LINA has obtained a valuable benefit. Third, all insurance carriers deal with disputed and questionable claims. Investigating and resolving those matters are costs of doing business. Here, those costs happened to be higher because one of the claiming parties resides in another country. Nonetheless, I find that the vast majority of those costs should be borne by LINA in the normal course of its business.
In a typical lawsuit, the attorney fees and expenses necessary to locate a defendant and effectuate service should not exceed $1,000.00 (and, in many cases, are far less). I find that LINA is entitled to recover that amount from the deposited proceeds. The remainder of the attorney fees and expenses LINA incurred to find and serve shall remain LINA's responsibility.
For the reasons set forth herein, LINA's application (Doc. No. 35) to recover costs and attorney fees from the proceeds on deposit with the Clerk is