Lowery v. Unum Life Insurance Company of America
ORDER granting in part and denying in part 28 & 36 Motion for Attorney's Fees & Costs. Plaintiff is awarded attorney's fees & costs in the total amount of $9,287.60. Signed by Judge William R. Wilson, Jr on 3/29/2010. (jct)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JOEAN LOWERY v. 3:09CV00013-WRW DEFENDANT ORDER Pending is Plaintiff's Motion for Attorney's Fees (Doc. Nos.28, 36). Defendant has responded.1 I consider Plaintiff's request in light of the five Westerhaus2 factors. I find that while Defendant did not act in bad faith, Defendant is able to pay attorney's fees and an award of attorney's fees might have a deterrent effect. Further, the merits of the case weigh in Plaintiff's favor. Accordingly, Plaintiff's Motion is GRANTED to the extent set out below. I will not award fees for the following services: February 19, 2009: February 19, 2009: June 18, 2009: July 30, 2009: August 7, 2009: February 12, 2010: Draft Application to Proceed IFP -- because the motion to proceed ifp was filed already on February 5, 2009. Review Notice of Appearance by Opposing Counsel -- because .2 hours to review a notice of appearance is excessive Review Motion to Extend Motion Deadline -- because .3 hours to review this unopposed, 6-sentence motion is excessive. Draft Order Draft Abstract of the Medical Record -- the Administrative Record filed contains medical records that speak for themselves. Draft Motion for Attorney's Fees PLAINTIFF
UNUM LIFE INSURANCE COMPANY OF AMERICA
Doc. No. 33. Lawrence v. Westerhaus, 794 F.2d 494, 496 (8th Cir. 1984). 1
February 12, 2010:
Draft Brief in support of Motion for Attorney's Fees
The above services account for $1,782.00 in attorney's fees and $45.00 in paralegal fees,3 for a sum of $1,872.00. Plaintiff's request also includes at least $850.00 in fees for services that were rendered in 2007 and 2008 -- well before this case was ever filed and apparently in connection with the exhaustion of Plaintiff's administrative remedies. I will allow only half of those fees, or $425. I will allow the total $1,036.60 in requested costs. Plaintiff's original request of $11,584.60 less $2,297 ($1,872.00 plus $425) results in an award of attorney's fees and costs in the total amount of $9,287.60. IT IS SO ORDERED this 29th day March, 2010.
/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE
Because Plaintiff's attorney did not provide his hourly rate, to find an hourly rate I divided the amount of attorney's fees requested by the number of hours of service provided to reach the hourly rate of $165.00. Ditto for paralegal fees at $45 per hour. 2
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