CAROL E. JACKSON, District Judge.
This matter is before the court on plaintiff's motion for award of attorneys' fees and costs, pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b), and Fed.R.Civ.P. 68. Defendant has filed a response in opposition and the issues are fully briefed.
On May 2, 2014, plaintiff Howard Van Booven filed this putative class and collective action against his employer, seeking unpaid overtime, liquidated damages, attorney's fees and other relief for violations of the Missouri Minimum Wage Law (MMWL), Mo. Rev. Stat. §§ 290.500 et seq., and the FLSA. In the ensuing ten months, plaintiff filed three amended complaints, in response to which defendant filed answers, a motion for partial dismissal, and two motions for partial judgment on the pleadings. Plaintiff also filed two motions to proceed as a collective action, which defendant opposed. On January 16, 2015, defendant served plaintiff with an offer of judgment, offering plaintiff $6,000 for unpaid wages, plus attorney's fees, costs, and expenses as determined by the court. Plaintiff accepted the offer of judgment on January 28, 2015.
Plaintiff originally sought attorneys' fees in the total amount of $70,915.25 for 183.3 hours of legal time expended by four attorneys, as detailed in three separate billing reports. After initial review, the court directed plaintiff to submit a single chronological billing report for all attorney hours. In addition, the court made a preliminary determination that plaintiff was not entitled to attorneys' fees for work performed in connection with the third amended complaint, on behalf of a new plaintiff who has filed his own action, or completing clerical or administrative tasks. Plaintiff has now submitted a modified billing report in which he seeks attorneys' fees in the amount of $65,211.50 for 170.65 hours. Plaintiff also requests $501.00 in costs.
The FLSA provides that the 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 the costs of the action." 29 U.S.C. § 216(b). The starting point for determining the amount of reasonable attorneys' fees is the lodestar amount, which is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.
When calculating the lodestar, a district court need not accept counsel's submission of hours as conclusive but should exclude from that total those hours that were not reasonably expended on the litigation.
Where more than one attorney represents a prevailing party, courts must consider the contribution of all attorneys.
Defendant objects to several entries as unnecessary or excessive because plaintiff relied on documents "recycled" from a similar case filed in this district,
Defendant argues that plaintiff's counsel failed to use appropriate billing judgment by, for example, continuing to work on and bill for responses to motions that were rendered moot because plaintiff decided to file an amended complaint or certification motion. (
Defendant complains that the billing records of attorney Stuart Platt are excessively vague, making it difficult to tell whether the time he spent was reasonable and necessary. "Incomplete or imprecise billing records preclude any meaningful review by the district court of the fee application for excessive, redundant, or otherwise unnecessary hours and may make it impossible to attribute a particular attorney's specific time to a distinct issue or claim.
Finally, plaintiff's modified billing statement removes most, but not all, of the entries for low-level case-management tasks (e.g., reviewing non-consequential entries in the court's electronic case management system), and entries related to the third amended complaint. The court has disallowed additional entries for tasks in these categories.
Plaintiff seeks $475 per hour for Daniel Touhy, $425 per hour for Steven Hamburg, $325 per hour for Stuart Platt, and $235 per hour for Daniel Iles. Defendant objects that the requested rates are unreasonable.
"The burden is on the moving party to provide evidence supporting the rate claimed."
Mr. Touhy states in his declaration that he has been actively involved in litigation since obtaining his law license in 1982. Since 2002, he has specialized in wage and hour cases, which presently account for about half of his legal work. He has extensive trial experience and has been lead or co-counsel in wage-and-hour cases in several district courts. He states that for lawyers with his qualifications in Chicago, where he is located, an hourly rate between $400 and $600 is typical in the wage-and-hour field. He cites several factors that, in his opinion, make such rates reasonable: the difficulty of the cases, the stringent defense of the cases by large law firms, the expenditure of money by plaintiffs' counsel in these matters, and the risk involved in bringing such claims, including the possibility that no recovery will be made. He believes that an hourly rate of $475 for his work in this matter is fair and reasonable.
Mr. Hamburg states by declaration that he has been actively involved in litigation since obtaining his law license in 1976 and is familiar with the market rates for plaintiffs' lawyers in the St. Louis area. He has extensive trial experience and has been lead or co-counsel in a number of class action cases in state and federal courts in Missouri and Illinois. He states that an hourly rate of between $400 and $500 is typical in the wage-and-hour field, and that $425 is typical and reasonable for a lawyer of his experience in the St. Louis market. He also states that an hourly rate of $235 is appropriate for his associate Daniel Iles. He provides no information regarding Mr. Iles's professional background or experience.
Mr. Platt states by declaration that he has been actively involved in civil litigation since obtaining his law license in 1985. He specializes in federal statutory claims. He has extensive trial experience and has been co-counsel in wage-andhour cases.
Defendant objects that Mr. Touhy's reliance on Chicago hourly rates is inappropriate. "A reasonable hourly rate is usually the ordinary rate for similar work in the community where the case has been litigated."
Defendant argues that the $475 and $425 hourly rates requested by Mr. Touhy and Mr. Hamburg would place them among the "Most Expensive St. Louis Attorneys" for 2014 as documented by Missouri Lawyers weekly. Def. Ex. B (showing hourly rates between $415 and $650). Defendant urges that the appropriate hourly rate for attorneys Touhy and Hamburg is between $250 and $350. The court will rely on its familiarity with the local legal market in determining a reasonable hourly rate as well as recent FLSA cases in this district.
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The court concludes that hourly rates of $350 for Mr. Touhy and Mr. Hamburg, and $300 for Mr. Hamburg, are appropriate and consistent with the rates performed by lawyers of similar experience for similar work in the St. Louis region. Given the lack of information regarding Mr. Iles's training and experience, the court will approve an hourly rate of $100.
Based on the foregoing, the lodestar amounts are as follows:
Thus, the total lodestar amount for 102.25 hours of attorney time is $31,110.00.
Defendant asserts that the lodestar amount should be reduced, arguing that plaintiff achieved only limited success in this case. When this action was filed, plaintiff sought certification of class and collective actions under state and federal law. Defendant argues that the failure to obtain class certification is a basis for reducing the lodestar amount. Here, however, the parties reached settlement before the court ruled on plaintiff's pending motion for certification and thus this factor does not diminish the degree of success plaintiff achieved. Defendant's related argument that plaintiff's dismissal of his state law claims justifies a lower fee award on his FLSA claim is similarly unpersuasive. The court finds no basis for reducing the lodestar amount.
Plaintiff seeks costs in the amount of $400.00 for the filing fee, $100.00 for the fee for Mr. Touhy's admission pro hac vice, and $1.00 for a certificate of good standing from the Illinois Supreme Court. These costs are properly taxable under 28 U.S.C. § 1920 and defendant does not oppose them. Plaintiff will be awarded $501.00 as costs.
Accordingly,