DEBORAH K. CHASANOW, District Judge.
Presently pending and ready for resolution in this Fair Labor Standards Act ("FLSA") case is an unopposed motion for attorney's fees and costs filed by Plaintiffs. (ECF No. 136). The court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Plaintiffs' motion will be granted in part and denied in part.
Additional background can be found in the United States Court of Appeals for the Fourth Circuit's opinion affirming judgment for Plaintiffs. See McFeeley v. Jackson Street Entm't, LLC, ___ F.3d ___, 2016 WL 3191896 (4
On May 19, 2015, Plaintiffs filed a motion to recover attorney's fees and costs. (ECF No. 101). After the Defendants filed an appeal with the Fourth Circuit, this court stayed the action and deferred ruling on Plaintiffs' motion until after the adjudication of the appeal. (ECF No. 123). On April 13, 2016, the undersigned granted in part and denied in part a motion to compel, for contempt, and for sanctions filed by Plaintiffs and awarded Plaintiffs $1,800.00 in attorney's fees for work related to the motion. (ECF No. 134). On June 8, the Fourth Circuit affirmed the judgment in favor of Plaintiffs. (ECF No. 135). On June 21, Plaintiffs filed the pending motion for attorney's fees and costs, which requests $170,970.00 in attorney's fees and $6,903.96 in costs. (ECF No. 136). Defendants have not responded and the time to do so has passed. On July 8, the Fourth Circuit denied Defendants' petition for a rehearing en banc, and the mandate was issued July 18. (ECF Nos. 138; 139).
In any action under the FLSA, "[t]he court . . . shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action." 29 U.S.C. § 216(b). The payment of attorney's fees and costs to employees who prevail on FLSA claims is mandatory. "The amount of the attorney's fees, however, is within the sound discretion of the trial court." Burnley v. Short, 730 F.2d 136, 141 (4
"The proper calculation of an attorney's fee award involves a three-step process. First, the court must `determine the lodestar figure by multiplying the number of reasonable hours expended times a reasonable rate.'" McAfee v. Boczar, 738 F.3d 81, 88 (4
"[T]he burden rests with the fee applicant to establish the reasonableness of a requested rate." Robinson, 560 F.3d at 244 (quoting Plyler v. Evatt, 902 F.2d 273, 277 (4
Plaintiffs request the following rates for attorneys who worked on this case:
(ECF No. 136, at 8-9). Plaintiffs argue that the rates are reasonable because they fall within the guidelines in the Local Rules. (Id.). Plaintiffs also submit declarations from Mr. Amster, their lead counsel, and Mitchell L. Batt, a local Maryland attorney, to support the reasonableness of the requested rates. (ECF Nos. 136-3; 136-4).
Because Plaintiffs provide sufficient support for the requested billing rates and because their motion is unopposed, the rates will, in large part, be granted. The rates of Mr. Amster and Mr. McDonough, however, will be reduced for a portion of the hours spent on this action. Mr. Amster was admitted to the bar in September 2009 and Mr. McDonough was admitted in December 2009, which means that they were admitted to the bar for less than five years until September and December 2014, respectively. (ECF No. 136-3, ¶¶ 1-2). Although their requested rates are within the guidelines for an attorney admitted to the bar for five to eight years, they are higher than the guidelines for someone admitted less than five years, and Plaintiffs do not articulate why a higher rate is justified for the entire time period. Accordingly, the rate for Mr. Amster and Mr. McDonough will be reduced to $225 for work performed prior to the appropriate month in 2014. All other requested rates are reasonable in light of the declarations provided and the guidelines in the Local Rules.
Plaintiffs provide itemized time records that list the date of the work, who performed the work, the time spent, a brief description of the work, and the litigation phase for which the work was performed. (ECF No. 136-1). Mr. Amster asserts that Plaintiffs' counsel worked a total of 655.1 hours on this case and exercised billing judgment by eliminating 30.7 hours for "excessive or unnecessary work." (ECF No. 136-3 ¶ 6). Many of the removed entries appear to be for work done on behalf of dismissed plaintiffs.
To the extent that any Johnson factors remain after the determination of the lodestar, none support a reduction. (See ECF No. 136, at 9-15); see also Andrade v. Aerotek, Inc., 852 F.Supp.2d 637, 646 (D.Md. 2012) (noting that "most" of the Johnson factors "are subsumed in the rate and hour analysis). Furthermore, Plaintiffs have removed the hours spent working solely on behalf of dismissed plaintiffs. Finally, Plaintiffs' level of success supports awarding the full lodestar amount. The Fourth Circuit has described the analysis of the level of success as the third step of a fee calculation, noting that courts "should award some percentage of the remaining amount, depending on the degree of success enjoyed by the plaintiff." McAfee, 738 F.3d at 88 (citation and internal quotation marks omitted). Other times, such a calculation is referred to as an additional focus on the eighth Johnson factor, which directs a court to look at "the amount in controversy and the results obtained." See Jackson v. Estelle's Place, LLC, 391 F.App'x 239, 243 (4
Here, Plaintiffs recovered a significant amount in damages, including liquidated damages. Moreover, the FLSA is "a statute which Congress thought was necessary to provide `fair labor standards' for employees, including those marginalized workers unable to exert sufficient leverage or bargaining power to achieve adequate wages," such as Plaintiffs. McFeeley, 2016 WL 3191896, at *8. Plaintiffs' success helped secure the rights protected by the FLSA for themselves and others. Accordingly, no reduction to the lodestar is warranted, particularly because Defendants did not oppose Plaintiffs' motion. Plaintiffs will be awarded $166,963.00 in attorney's fees.
Plaintiffs seek to recover $6,903.96 in litigation costs. In support of their request, Plaintiffs provide an itemized list detailing each cost (ECF No. 136-2) as well as Mr. Amster's declaration attesting to the accuracy and reasonableness of the costs (ECF No. 136-3 ¶ 9).
Andrade, 852 F.Supp.2d at 644. In addition, the Local Rules provide that "[m]ileage is compensable at the rate of reimbursement for official government travel in effect at the time the expense was incurred." Local Rule, App'x B. The following requested costs are clear, reasonable, and will be awarded in their entirety: $55.00 for a tracer invoice; $88.50 for mileage; $5.32 for postage for correspondence with defense counsel; a $350.00 filing fee; $2,806.67 for expert witness fees; and $3,173.79 for deposition transcripts. Postage requested for correspondence to the dismissed plaintiffs will not be awarded. The following entries are vague or unclear and will not be awarded because the court is unable to determine their reasonableness: "ck 3359;" "Circuit Court for PG County;" and "Largo, Maryland 20774. Deposition." See Andrade, 852 F.Supp.2d at 645 (denying a request for certain costs because the "entries lack[ed] the basic level of detail sufficient for the court to understand the nature of the costs or why they should be granted"). Accordingly, Plaintiffs will be awarded $6,479.28 in costs.
For the foregoing reasons, Plaintiffs' motion for attorney's fees and costs will be granted in part and denied in part. Judgment will be entered in favor of Plaintiffs in the amount of $166,963.00 for attorney's fees and $6,479.28 for costs. A separate order will follow.