JAMES D. CAIN, JR., District Judge.
Before the Court is "Plaintiff's Motion for Attorney's Fees and Costs" (Doc. 57) wherein the prevailing Plaintiffs in this action, Gerald Bushnell and Delores Bushnell,
On July 7, 2019, the undersigned adopted the Report and Recommendation of the Magistrate Judge granting Plaintiffs' judgment as a matter of law on their claim of intentional discrimination and Plaintiffs' entitlement to declaratory and injunctive relief. The Court further directed Plaintiffs to submit a motion and memorandum on their entitlement to attorney fees as the prevailing Plaintiffs.
Plaintiffs have filed their motion for attorney fees accompanied with a detailed billing statement and authenticating declarations. Defendants have filed their opposition to Plaintiffs' motion for attorney fees; the matter is ripe for consideration.
Using the Lodestar method, Plaintiffs are seeking a total of $59,414.00 in attorney fees plus costs. Plaintiffs remark that they are only seeking the hours associated with the litigation and have eliminated some time entries that involved supervisory or clerical tasks. Defendants argue that the amount requested by Plaintiffs is unreasonable because the Court's involvement in this matter was limited. Even though they do not dispute the law cited and relied upon by Plaintiffs, Defendants assert that there was only one discovery motion involved and cross-motions for summary judgment to bring this case to a close.
The "most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." Hensley v. Eckerhart, 461 U.S. 424 (1983). There is a "strong" presumption that the Lodestar calculation produces a reasonable fee. Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542, 552 (2010). Plaintiffs have the burden of establishing reasonableness by submitting adequate documentation and time records of the hours reasonably expended and proving the exercise of "billing judgment." Walker v. United States Dep't of Housing & Urban Dev., 99 F.3d 761, 760 (5th Cir. 1996). Once a party submits time records, the burden then shifts to the opposing party to point out which entries it contests, explain why each is not reasonable in sufficient detail to allow the prevailing party the opportunity to respond, and propose a more reasonable amount. See Bell v. United Princeton Props, Inc., 884 F.2d 713, 720 (3rd Cir. 1989) ("... the adverse party's submission cannot merely allege in general terms that the time spent was excessive.").
Defendants argue that the requested attorney fees (almost $60,000) are unreasonable because this matter involved only three (3) depositions and a single motion for summary judgment. Defendants remark that Plaintiff's attorneys, Melanie Ann Bray, and Ronald Kenneth Lospennato, of the Advocacy Center, do not charge for their services.
Plaintiffs' counsel remark that after conducting discovery,
Ms. Bray
However, the Court has again reviewed the record and agrees with Defendants that this matter was not complicated, it was resolved without any hearing, with limited motion practice, and limited Court involvement. The Court also takes into consideration that the Advocacy Center deals with this type of lawsuit daily, and it was not a complex or complicated matter. And finally, the Court notes that the Advocacy Center provided its services to Plaintiffs without charge. Accordingly, the Court will reduce the Plaintiffs hourly billings by 50% ($29,707)
For the reasons set forth above, the Court will award attorney fees and costs in the total amount of $30,579.