HARVEY BARTLE, III, District Judge.
On February 13, 2017, the court found that defendant Julie P. Whitchurch is in civil contempt for failure to comply with the court's January 8, 2016 permanent injunction in favor of Vizant Technologies, LLC, her former employer, and its chief executive officer Joseph Bizzarro. The injunction permanently enjoined Whitchurch from taking any action whatsoever to cause or discourage any person or entity from doing business with, investing in, or maintaining an employment relationship with Vizant. (Doc. # 315). The Court of Appeals had affirmed the injunction on January 13, 2017.
On February 16, 2017, plaintiffs Vizant and Bizzarro filed a motion seeking attorneys' fees and costs in connection with preparation of their November 28, 2016 motion for an Order to Show Cause (Doc. # 304), preparation for the February 2, 2017 Show Cause Hearing, and attendance of the February 2, 2017 Show Cause Hearing. Whitchurch did not appear at the Show Cause Hearing and has not filed a response to the plaintiffs' pending motion for attorneys' fees and costs.
If successful in civil contempt proceedings, the complainant is entitled to costs of investigating the violation of the court's order, preparing for and conducting the contempt proceeding, and attorneys' fees.
Vizant and Bizzarro commenced this now long-enduring litigation against Whitchurch on January 29, 2015. On January 8, 2016, the court granted summary judgment on liability in favor of Vizant and Bizzarro and against Whitchurch on claims of defamation and tortious interference with existing and prospective business relationships. (Doc. # 213). The court also granted summary judgment on liability in favor of Vizant and against Whitchurch on certain breach of contract claims, as well as misappropriation of trade secrets under the Delaware Uniform Trade Secrets Act, Del. Code Ann. tit. 6, §§ 2001 et seq.
Plaintiffs filed a Motion for an Order to Show Cause on November 28, 2016 for Whitchurch to show cause why she should not be held in civil contempt for violation of the court's January 8, 2016 permanent injunction. (Doc. # 304). The court held a Show Cause Hearing on February 2, 2017. The court found that Whitchurch is in contempt of the permanent injunction and imposed monetary civil contempt sanctions upon her until she purges herself of contempt. (Doc. # 315). Thus, Vizant and Bizzarro are "prevailing parties" in this action.
We next determine what fee is "reasonable" using a lodestar calculation, which requires us to multiply "the number of hours reasonably expended on this litigation . . . by a reasonable hourly rate."
The party seeking fees bears the burden of demonstrating that it is entitled to an award and "should maintain billing time records in a manner that will enable a reviewing court to identify distinct claims."
Once we have calculated the lodestar amount by multiplying the number of hours reasonably expended by counsel's reasonable rate, "[t]here remain[s] other considerations that may lead the district court to adjust the fee upward or downward."
Accordingly, our task requires us to determine "the number of hours reasonably expended" on the November 28, 2016 motion for an Order to Show Cause, preparation for the February 2, 2017 Show Cause Hearing, and attendance of the February 2, 2017 Show Cause Hearing.
Vizant and Bizzarro ask us to award them $4,320.99 in attorneys' fees and costs. In support of their petition for fees, they attach to their motion the invoices of Kang Haggerty for work performed by three individuals: Edward Kang,
The only costs sought after by Vizant and Bizzarro is $1.99, the cost of postage for mailing Whitchurch a copy of the November 28, 2016 Show Cause motion. This sum is reasonable.
We find that the fee petition adequately documents the hours claimed and adequately identifies hours expended on each distinct issue.
Our next step in the lodestar calculation is to multiply this total number of hours "by a reasonable hourly rate."
Vizant and Bizzarro have submitted evidence of the prevailing market rates in Philadelphia, where Kang Haggerty is located and where this litigation took place. Their brief identifies that Kang billed a rate of $485 per hour in 2016 and currently bills a rate of $525 per hour in 2017. Their exhibits demonstrate that Powell and Lagoumis contributed to the work that makes up the hours total. The attached invoices, and not the brief, identify their hourly rates. In 2016, Powell billed at an hourly rate of $225 and in 2017 he billed at a rate of $235. Lagoumis billed at a rate of $125 per hour in 2016.
We conclude that the hourly rates of Kang Haggerty are appropriate in light of the prevailing market rates in Philadelphia. It was appropriate for Vizant and Bizzarro, in calculating their fee request, to multiply the reported numbers by these rates. The lodestar sum is calculated by the number of hours multiplied by the reasonable rate.
In sum, we will award Vizant and Bizzarro attorneys' fees in the amount of $4,319 and costs in the amount of $1.99, for a total award to Vizant and Bizzarro of $4,320.99.