Triple Canopy, Inc. et al v. U.S. Department of Labor et al

Filing 30

ORDER granting 29 Petitioners' Unopposed Petition for Attorneys' Fees and Costs. Signed by Judge Timothy J. Corrigan on 2/6/2017. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TRIPLE CANOPY, INC. and ALLIED
WORLD NATIONAL ASSURANCE
COMPANY,
Petitioners,
v.

Case No. 3:16-cv-739-J-32JBT

U.S. DEPARTMENT OF LABOR,
STEVEN RITZHEIMER, and
DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF
LABOR,
Respondents.
ORDER
On January 17, 2017, the Court affirmed the decision of the Benefits Review
Board awarding Claimant Steven Ritzheimer disability compensation and medical
benefits under the Longshore and Harbor Workers’ Compensation Act. (Doc. 27). This
case is now before the Court on the Unopposed Petition for Attorneys’ Fees and Costs,
filed by Ralph R. Lorberbaum and Eric R. Gotwalt, counsel for Claimant
(“Petitioners”). (Doc. 29). Petitioners seek an award of attorneys’ fees and costs in the
amount of $7,375.00 for 17.5 hours of work on the successful argument on appeal on
behalf of Claimant.
The Court has reviewed the memorandum and exhibits in support of the request
and finds that the rates of $450 per hour for Mr. Lorberbaum and $350 per hour for

Mr. Gotwalt, both of which were unopposed in the prior phase of this case before the
Benefits Review Board, are reasonable. The total number of hours expended, 17.5
hours, is similarly reasonable, given that all of the time was spent preparing briefs
and responses to the arguments on appeal.
Accordingly, it is hereby
ORDERED:
1.

Petitioners’ Unopposed Petition for Attorneys’ Fees and Costs (Doc. 29)

is GRANTED.
2.

Triple Canopy, Inc. and Allied World National Assurance Company owe

Petitioners $7,375.00 as attorneys’ fees and costs.1
DONE AND ORDERED in Jacksonville, Florida the 6th day of February,
2017.

sj
Copies:
Counsel of record

The fees awarded are neither payable nor enforceable until such time as the
award of benefits to Claimant becomes final and reflects successful prosecution of the
claim. 33 U.S.C. § 928. Therefore, if at some point the parties would like the award of
fees memorialized in a judgment from the Clerk of Court, they shall so move the Court.
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