Cramton v. Grabbagreen Franchising LLC et al

Filing 531

ORDER: IT IS ORDERED that Cramton's supplemental application for attorneys' fees (Doc. 522 ) is granted. Cramton is awarded $15,862.50 in attorneys' fees payable by Defendant Keely Newman and is awarded $10,320.00 in attorneys' fees payable by Defendant Eat Clean Operations LLC [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/13/22. (MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kim Cramton,
Plaintiff,

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v.

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Grabbagreen Franchising LLC, et al.,

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No. CV-17-04663-PHX-DWL
ORDER

Defendants.

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In an order issued on May 27, 2022, the Court partially granted Plaintiff Kim

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Cramton’s motion for attorneys’ fees and costs (Doc. 483), awarding her $210,820 in

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attorneys’ fees payable by Defendant Keely Newman (“Keely”) and $10,256 in attorneys’

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fees payable by Defendant Eat Clean Operations LLC (“ECO”), and also authorized

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Cramton “to file a supplemental application for the fees she incurred when responding to

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Defendants’ reconsideration motions . . . and when responding to the order soliciting

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supplemental briefing on one of those motions.” (Doc. 518 at 54.)

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Now pending before the Court is Cramton’s supplemental application. (Doc. 522.)

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Cramton seeks $15,862.50 in fees against Keely, which constitute the fees she expended

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when preparing her responses (Docs. 498, 500) to the reconsideration motions related to

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Count Four and the spoliation order (Doc. 467, 475), and $10,320.00 in fees against ECO,

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which constitute the fees she expended when preparing her responses (Docs. 499, 510) to

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the reconsideration motion related to Count Five and order soliciting supplemental briefing

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on that motion (Docs. 473, 508).

The supplemental application is supported by

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declarations from counsel substantiating the fee requests. (Doc. 522-1.)

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Keely and ECO oppose Cramton’s supplemental application. (Doc. 523.) They

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contend the fee request is inflated because it includes “multiple billers on the same

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activities or matters, duplication of fees, excessive time and time charges involving

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unsuccessful claims and matters or issues unrelated to Counts IV and V.” (Id. at 1.) They

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conclude that any fee award should be limited to $4,302.70 against Keely and $4,720

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against ECO. (Id. at 2.) They also identify, in an exhibit, their specific objections to

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individual billing entries. (Doc. 523-1.)

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In reply, Cramton defends her fee request, arguing that any suggestion that “a

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paralegal could have done most of the work” is belied by a “cursory review of Defendants’

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motions,” which “reveals the painstakingly detailed factual and legal analysis that Plaintiff

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needed to address in response.” (Doc. 529.)

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The Court has carefully considered the parties’ arguments, including all of the

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specific objections to individual time entries raised by Keely and ECO, and concludes that

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Cramton’s supplemental application should be granted in full. The work of Cramton’s

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counsel in responding to the reconsideration motions (and order soliciting supplemental

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briefing) was reasonable and not duplicative in light of the volume and complexity of the

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arguments raised in the reconsideration motions. Nor does the fee request include time

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spent litigating unsuccessful claims and matters. As the Court explained in the May 27,

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2022 order, Cramton is “entitled to recover the fees and costs she reasonably incurred when

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responding to Defendants’ . . . spoliation-related Rule 59 motion[]” because that motion

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“sought the reversal of the judgment in Cramton’s favor on Count Four.” (Doc. 518 at 50.)

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…

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Accordingly,

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IT IS ORDERED that Cramton’s supplemental application for attorneys’ fees

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(Doc. 522) is granted. Cramton is awarded $15,862.50 in attorneys’ fees payable by

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Defendant Keely Newman and is awarded $10,320.00 in attorneys’ fees payable by

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Defendant Eat Clean Operations LLC.

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Dated this 13th day of July, 2022.

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