Rutledge et al v. Action Products International, Inc. et al

Filing 190

ORDER adopting 189 Report and Recommendation of the Magistrate Judge. Plaintiffs' Amended Motion for Attorneys' Fees and Costs, filed on October 24, 2011 173 is GRANTED in part and DENIED in part. Plaintiffs are awarded a total sum o f $35,801.50 for attorneys' fees. Plaintiffs' request for prejudgment interest is DENIED. Plaintiffs are awarded postjudment interest, pursuant to 28 U.S.C. Section 1961, at the legal rate. This judgment for fees is awarded in favor of Plaintiffs and against Defendants Action Products International, Inc., Action Toys, Inc., Action Healthcare Products, Inc., and Curiosity Kits, Inc., jointly and severally. In all other respects, the Amended Motion for Attorneys' Fees and Costs is DENIED. The Clerk is directed to enter judgment accordingly. Signed by Judge Charlene Edwards Honeywell on 6/28/2012. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DEBRA RUTLEDGE, ERIC RUTLEDGE
and JEANNE MOORE,
Plaintiffs,
v.

Case No: 6:09-cv-1245-Orl-36GJK

ACTION PRODUCTS INTERNATIONAL,
INC., ACTION TOYS, INC., ACTION
HEALTHCARE PRODUCTS, INC. and
CURIOSITY KITS, INC.,
Defendants.
___________________________________/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Gregory J. Kelly on June 11, 2012 (Doc. 189).

In the Report and

Recommendation, Judge Kelly recommends that the Court grant in part and deny in part
Plaintiffs’ Amended Motion for Attorneys Fees and Costs, filed on October 24, 2011 (Doc. 173).
Neither party has objected to the Report and Recommendation and the time to do so has expired.
First, the Court agrees with Judge Kelly that because it properly exercised supplemental
jurisdiction over Plaintiffs’ state law claims, it has jurisdiction to award attorney’s fees to
Plaintiffs pursuant to Florida Statutes Section 448.08.1 Doc. 189, p. 15. Second, the Court
agrees with Judge Kelly that because Defendants consciously withheld Plaintiffs’ wages and then
failed to pay the deferred wages, attorney’s fees may be awarded pursuant to Section 448.08.
Doc. 189, p. 15. Third, with respect to the discretionary award of attorney’s fees pursuant to 28
U.S.C. §1132(g), the Court agrees with Judge Kelly’s recommendation that the balance of
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“The court may award to the prevailing party in an action for unpaid wages costs of the action
and a reasonable attorney's fee.” Fla. Stat. § 448.08

factors weighs in favor of awarding attorney’s fees. Id., pp. 16-18. Therefore, after careful
consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with
an independent examination of the court file, the Court is of the opinion that the Magistrate
Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 189) is adopted,
confirmed, and approved in all respects and is made a part of this order for all purposes,
including appellate review.
2. Plaintiffs’ Amended Motion for Attorneys’ Fees and Costs, filed on October 24, 2011
(Doc. 173) is GRANTED in part and DENIED in part:
3. Plaintiffs are entitled to an award of fees as follows:
a. A reasonable hourly rate for Martha Chapman is $350.00. A reasonable hourly
rate for Irene Zabytko, Attorney Chapman’s paralegal, is $85.00. A reasonable
number of hours for Martha Chapman is 88.7, and a reasonable number of hours
for her paralegal is 33.9.
b. A reasonable fee for Ms. Meeks, the attorney fee expert, is $1.875.00.
4. Plaintiffs are awarded a total sum of $35,801.50. for attorneys’ fees.
5.

Plaintiffs’ request for prejudgment interest is DENIED.

6.

Plaintiffs are awarded postjudgment interest, pursuant to 28 U.S.C. § 1961, at the legal
rate.

7.

This judgment for fees is awarded in favor of Plaintiffs and against Defendants Action
Products International, Inc., Action Toys, Inc., Action Healthcare Products, Inc., and
Curiosity Kits, Inc., jointly and severally
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8. In all other respects, the Amended Motion for Attorneys’ Fees and Costs is DENIED.
9. The Clerk is directed to enter judgment accordingly.
DONE and ORDERED in Orlando, Florida on June 28, 2012.

Copies furnished to:
Counsel of Record
Unrepresented Parties
U.S. Magistrate Judge Gregory J. Kelly

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