CAROL B. WHITEHURST, Magistrate Judge.
Before this Court is a Motion fo Attorneys' Fees filed by Plaintiff, Eric Swanson. [Rec. Doc. 18]. In his Motion, Plaintiff requests attorneys' fees to which he is entitled in connection with the successful prosecution of this lawsuit, including prevailing on his Motion for Default Judgment. In its Final Default Judgment, R. 14, the District Court determined that the plaintiff is entitled to an award of reasonable attorneys' fees and costs. The matter of the amount of attorneys' fees and cost was referred to the undersigned on January 11, 2017 and was scheduled for oral argument on this Court's March 15, 2017 motion calendar. R. 22, 23. The Court finds that oral argument is not necessary.
Pursuant to the District Court's order, Plaintiff's counsel, J. Louis Gibbens, III, filed an affidavit of fees and costs with his Motion. Plaintiff's counsel, Jason Emile Fontenot, failed to file any such affidavit. On February 23, 2017, this Court ordered both attorneys to submit the proper documentation by March 6, 2017. R. 24. Both counsel complied with the Court's order. R. 28.
Review of the affidavits reveals that Plaintiff seeks a total award of $12,630.14 in attorneys' fees, representing 62.10 hours at a rate of $200.00 per hour, plus costs in the total amount of $210.14.
In the Fifth Circuit, the "lodestar" method is used to calculate reasonable attorney fees. In re Fender, 12 F.3d 480, 487 (5
The Supreme Court has barred the use of the sixth factor — whether the fee is fixed or contingent, Walker v. U.S. Department of Housing and Urban Development, 99 F.3d 761, 771-72 (5
The fee applicant bears the burden of proving the reasonableness of the number of hours expended on its prevailing claim. Leroy v. City of Houston, 906 F.2d 1068, 1079 (5
In this case, the plaintiff seeks, $7,300.00 (36.5 hours at $200 per hour) for legal services performed by Mr. Gibbens and $5,120.00 (25.6 hours at $200 per hour) for the legal services performed by Mr. Fontenot. In support of the fee request, Mr. Gibbens and Mr. Fontenot supplied the Court with a detailed summary of the work they performed and the amounts charged, adequate to determine reasonable hours. A district court may reduce the number of hours awarded if the documentation is vague or incomplete. Louisiana Power & Light Co. v. Kellstrom, 50 F.3d at 324.
Review of the detailed billing summaries provided by Mr. Gibbens and Mr. Fontenot leads the undersigned to conclude that the requested hours for the work performed are not excessive. It appears, however, that some of the work is duplicative. The Court finds that 2.3 hours on each attorney's billing statement reflects duplicative charges and both attorney's hours were reduced to reflect the same amount billed for the same service. Accordingly, the Court will reduce each bill by 2.3 hours, i.e. Mr. Gibbons: 36.5 - 2.3 = 34.2 hours; Mr. Fontenot: 25.6 - 2.3 = 23.3 hours. In so doing, the Court finds that the billing statement are reasonable. Accordingly, the undersigned finds that 34.2 hours for Mr. Gibbens services and 23.3 for Mr. Fontenot's services should be awarded.
Next, reasonable hourly rates for the plaintiff's attorney must be determined. Attorneys' fees are to be calculated at the "prevailing market rates in the relevant community." Blum v. Stenson, 465 U.S. at 895. A reasonable rate is the market rate. The "relevant community" for the purpose of awarding attorney fees is the judicial district in which the litigation occurred. Conner v. Mid South Insurance Agency, Inc., 943 F.Supp. 663, 667 (W.D. La 1996) (citing Blum v. Stenson, 465 U.S. at 894).
In their affidavits, both counsel stated that their hourly billing rate for this client is $200.00 per hour.
In light of the above, the undersigned recommends that the fees be calculated as follows: J. Louis Gibbens: 34.2 hours at the reasonable hourly rate of $200.00, for a total of $6840; Jason E. Fontenot: 23.3 hours at the reasonable hourly rate of $200.00, for a total of $4660.00.
The parties have not argued that the Johnson factors mandate an enhancement of the lodestar amount. A listing of the factors and analysis of each factor as it applies in this case follows.
(1) Time and labor involved: The lodestar adequately compensates for the time and labor involved.
(2) Novelty and difficulty of the questions: There is no evidence that the facts or the underlying legal theories involved in this case were novel or overly difficult, and this factor is subsumed in the lodestar analysis.
(3) The skill required to perform the legal services properly: The hourly rate adequately compensates counsel for the level of skill required to handle this matter competently.
(4) Preclusion of other employment: There is no evidence to establish that the handling of this case precluded handling of other cases by the plaintiff's counsel, and this factor is subsumed in the lodestar analysis.
(5) Customary fee: In accordance with the foregoing analysis, the hourly rate sought in this case falls within a reasonable range.
(7) Time limitations: There is no evidence that any extraordinary time limitations or onerous circumstances justify an upward adjustment.
(8) The time involved and the results obtained: This case was resolved on the plaintiff's motion for default judgment approximately a year and a half after the suit was filed; thus, the lodestar adequately compensates for this factor. Additionally, although judgment was rendered in the plaintiff's favor, the Supreme Court has greatly limited the use of this factor for enhancing a lodestar calculation.
(9) The experience, reputation, and ability of counsel: Mr. Gibbens and Mr. Fontenot enjoy the reputation of providing competent representation; the lodestar, however, adequately compensates for this factor.
(10) The undesirability of the case: Although this type of litigation may involve undesirable situations, this factor is adequately compensated by the lodestar.
(11) The nature and length of the professional relationship with the client: No evidence has been presented regarding this factor.
(12) Awards in similar cases: There is no evidence that the award of fees sought herein exceeds the amount awarded in similar cases, to the contrary, in light of the above analysis, the award sought herein is entirely reasonable.
The lodestar is presumptively reasonable and should be modified only in exceptional cases. Watkins v. Fordice, 7 F.3d 453, 459 (5
Accordingly,