Melikhov et al v. Drab et al
Filing
60
ORDERED: Plaintiffs' counsel may supplement their submissions in support of their request for attorney's fees and costs in accordance with this Opinion and Order by November 1, 2019. Signed by Judge Sheri Polster Chappell on 10/18/2019. (AEH)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY MELIKHOV, MELMAR
HOLDINGS, LLC and U4G GROUP,
LLC,
Plaintiffs,
v.
Case No.: 2:19-cv-248-FtM-38MRM
LADISLAV DRAB, CE GROUP,
CESKA ENERGIE, CESKA
PLYNARESKA, NAPLES ENERGY,
LLC, HANA DRABOVA and CZECH
ENERGY USA, LLC,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on Plaintiffs’ documentation provided in
support of its request for attorney’s fees and costs. (Doc. 52). The Court previously
granted Plaintiffs’ request for attorney’s fees and costs as sanctions due to Nonparties
Naples Energy LLC, Czech Energy USA LLC, and Hana Drabova’s repeated recalcitrant
conduct, but stated that the Court would reserve on the amount pending a review of the
submissions filed by Plaintiffs’ counsel. (Doc. 54). Plaintiffs request that the Court enter
a joint and several sanctions award in the form of attorney’s fees and costs against the
1
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Court does not endorse, recommend, approve, or guarantee any third parties or the services or
products they provide on their websites. Likewise, the Court has no agreements with any of these
third parties or their websites. The Court accepts no responsibility for the availability or
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some other site does not affect the opinion of the Court.
Nonparties in the amount of $48,845.14. The Nonparties were provided a copy of the
request for fees and costs (Doc. 53) but have not filed an opposition.
Although admitted to practice in Florida, Plaintiffs’ counsel Jason Goldstein is a
shareholder at Buchalter Nemer in Irvine, California. His standard billing rate at Buchalter
is $450 an hour. Another shareholder with Buchalter, Joanne N. Davies, has performed
work on this case, billing at $495 an hour. Mr. Goldstein submits his Declaration (Doc.
52), stating that these hourly rates are the customary rate that his firm charges to each of
its clients for their services. (Doc. 52, at ¶ 2). Mr. Goldstein also attaches the firm’s
invoices that they are seeking to recover and detailed billing records. (Doc. 52-1).
A “reasonable hourly rate” is “the prevailing market rate in the relevant legal
community for similar services by lawyers of reasonably comparable skills, experience,
and reputation.” Norman v. Housing Auth. Of Montgomery, 836 F.2d 1292, 1299 (11th
Cir. 1988). The burden is on the fee applicant “to produce satisfactory evidence” that the
rate is in line with those prevailing in the community.
Blum v. Stenson, 465 U.S. 886,
896 n.11 (1984). Additionally, the Court applies the prevailing market in the Fort Myers
Division of the Middle District of Florida, and Plaintiffs’ counsel has offered no argument
to the contrary. Olesen-Frayne v. Olesen, 2:09-CV-49-FTM-29DNF, 2009 WL 3048451,
*2 (M.D. Fla. Sept. 21, 2009).
Here, Plaintiffs’ counsel does not offer any information other than one sentence
stating that their rates are the customary rate that their firm charges. Based upon the
lack of information regarding counsel’s experience, background, and expertise, the Court
cannot determine the reasonable hourly rate to apply in this case. Plaintiffs’ counsel will
be allowed to supplement their submissions in this regard.
2
Accordingly, it is now
ORDERED:
Plaintiffs’ counsel may supplement their submissions in support of their request for
attorney’s fees and costs in accordance with this Opinion and Order by November 1,
2019.
DONE and ORDERED in Fort Myers, Florida this 18th day of October, 2019.
Copies: All Parties of Record
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