Embree et al v. Medicredit, Inc.

Filing 79

ORDER granting 74 Plaintiffs' Second Motion for Attorney's Fees and Costs to the extent stated in this Order. The Clerk shall enter judgment in favor of Plaintiffs Mark Embree and Josephine Logiudice and against Defendant Medicredit, Inc. in the amount of $6,637.50 in attorney's fees and $2,258.71 in costs. Plaintiffs' unauthorized reply (Doc. 78) is stricken. The Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 7/22/2019. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MARK EMBREE and JOSEPHINE
LOGIUDICE,
Plaintiffs,
v.

Case No. 5:16-cv-35-Oc-32PRL

MEDICREDIT, INC.,
Defendant.

ORDER
Plaintiffs Mark Embree and Josephine Logiudice have filed a Second
Motion for Attorney’s Fees and Costs, seeking attorney’s fees and costs for their
work on appeal. (Doc. 74). Defendant Medicredit, Inc. has filed a response in
opposition. (Doc. 77). Plaintiffs then filed an unauthorized reply (Doc. 78), which
the Court strikes. See M.D. Fla. Local Rule 3.01(c).
While Defendant’s contention that this Second Motion for Attorney’s Fees
is untimely has some appeal, after reviewing Eleventh Circuit Rule 39-2(e),
Federal Rule of Civil Procedure 54(d)(2)(B)(i), and Local Rule 4.18, the Court
declines to find the motion untimely.

Plaintiffs say that they spent a total of 68.5 hours on the appeal. However,
Defendant largely prevailed on appeal; Plaintiffs only won on a relatively small
issue.1 Rather than try to parse out on an hour-by-hour basis the appropriate
number of hours to award, the Court, as it did in the previous attorney’s fee
award (Doc. 72), will reduce Plaintiffs’ hours on a percentage basis to account
for their limited success on appeal. The Court will discount the 68.5 hours
claimed by Plaintiffs on appeal by 75 percent, for a total of 17.125 reasonable
hours. Multiplying this number by the undisputed hourly rate of $300, the
Court awards Plaintiffs $5,137.50 for attorney’s fees on appeal.
The Court declines Defendant’s invitation to reduce Plaintiffs’ costs
award based on its limited success on appeal. Therefore, the Court will award
Plaintiffs the full $2,258.71 in costs that they have requested. The Court will
also award Plaintiffs 5 hours at $300.00 an hour for preparing this attorney’s
fees motion.
Accordingly, it is hereby
ORDERED:

As a result of prevailing on appeal on the limited issue, the Court on
remand added 25.2 hours to the 139.2 hours it had previously awarded. The
Court thereafter discounted the hours by 30 percent. Thus, Plaintiffs’ success
on appeal was limited to the Court awarding Plaintiffs 17.64 additional hours,
valued at $5,292.
1

2

1.

Plaintiffs’ Second Motion for Attorney’s Fees and Costs (Doc. 74) is

GRANTED to the extent stated in this Order.
2.

The Clerk shall enter judgment in favor of Plaintiffs Mark Embree

and Josephine Logiudice and against Defendant Medicredit, Inc. in the amount
of $6,637.50 in attorney’s fees and $2,258.71 in costs.
3.

Plaintiffs’ unauthorized reply (Doc. 78) is stricken.

4.

The Clerk should close the file.

DONE AND ORDERED in Jacksonville, Florida the 22nd day of July,
2019.

TIMOTHY J. CORRIGAN
United States District Judge

sej
Copies:
Counsel of record

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