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Hicks v. Great Lakes Home Health Services, Inc., 17-CV-12674. (2019)

Court: District Court, E.D. Michigan Number: infdco20190828b44 Visitors: 20
Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: ORDER GRANTING PLAINTIFF'S PETITION FOR ATTORNEY'S FEES AND EXPENSES (Doc. 53) GEORGE CARAM STEEH , District Judge . This putative collective action brought under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., sought overtime compensation for work Plaintiff Laura Beth Hicks, a registered nurse, performed as a home health worker. The parties have settled this matter. As part of their settlement agreement, the parties agreed that this court shall determine the attorney's fee
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ORDER GRANTING PLAINTIFF'S PETITION FOR ATTORNEY'S FEES AND EXPENSES (Doc. 53)

This putative collective action brought under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., sought overtime compensation for work Plaintiff Laura Beth Hicks, a registered nurse, performed as a home health worker. The parties have settled this matter. As part of their settlement agreement, the parties agreed that this court shall determine the attorney's fees award to Plaintiff, that the court's order would be final and not subject to appeal, and that the court need not issue a written opinion. (Doc. 51-1 at ¶ 7, PgID 1923-24). The court has carefully considered the parties' submissions, including plaintiff's counsel's particularized billing records, and has consulted the 2017 Michigan Bar's Economics of Practice-Attorney Income and Billing Rate Summary Report in determining attorney's reasonable pay. The court has used the lodestar method in determining fees, but has imposed a significant reduction of the lodestar amount to reflect Plaintiff's limited success as her claim for certification of a nationwide class was denied, and she settled her individual claim for a modest amount. On the other hand, the court is mindful of the public policy reasons supporting an award of attorney's fees in an FLSA case in order to encourage the vindication of congressionally identified policies and rights. Balancing these two objectives, and having duly considered all of the parties' submissions,

IT IS ORDERED that Plaintiff's petition for attorney's fees and costs (Doc. 53) is GRANTED and attorney's fees in the amount of $56,000, which includes attorney travel expenses, and costs in the amount of $3,000 for a total award of $59,000.

IT IS SO ORDERED.

Source:  Leagle

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