Taylor v. Commercial Recovery Systems, Inc.

Filing 15

ORDER: Plaintiff's Verified Motion for Attorney Fees and Costs 12 is granted. The Clerk of Court is directed to enter judgment in favor of Plaintiff and against Defendant in the amount of $4,097.50. This case shall remain closed. Signed by Judge James S. Moody, Jr on 9/3/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CHERYL TAYLOR,
Plaintiff,
v.

Case No. 8:13-cv-1286-T-30MAP

COMMERCIAL RECOVERY SYSTEMS,
INC., a Texas foreign corporation,
Defendant.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Verified Motion for Attorney
Fees and Costs (Dkt. 12), the Declaration of James Giardina (Dkt. 13), and the Proposed Bill
of Costs (Dkt. 14). Upon review of these filings, and being otherwise advised in the
premises, the Court concludes that Plaintiff’s Motion should be granted.
On May 14, 2013, Plaintiff filed her complaint, alleging acts or omissions of
Defendant in violation of the Fair Debt Collection Practices Act (“FDCPA”), the Florida
Consumer Collection Practices Act (“FCCPA”), and the Telephone Consumer Protection Act
(“TCPA”) (Dkt. 1). On July 18, 2013, a Clerk’s default was entered against Defendant (Dkt.
6). On August 29, 2013, the Court granted Plaintiff’s Motion for Default Judgment and Final
Judgment in favor of Plaintiff was subsequently entered in the amount of $5,000, consisting
of $1,000.00 under the FDCPA, $1,000.00 under the FCCPA, and $3,000 under the TCPA
(Dkts. 10 & 11).

Plaintiff now moves for her attorney’s fees and costs as the prevailing party under
both the FDCPA and the FCCPA. See 15 U.S.C. § 1692k(a)(3); Fla. Stat. § 559.77(2).
Plaintiff seeks fees in the amount of $3,657.50 (13.3 hours x $275.00/hour) and costs in the
amount of $440.00 (filing fee and service). The Court concludes that these amounts are
reasonable.
It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Verified Motion for Attorney Fees and Costs (Dkt. 12) is granted.

2.

The Clerk of Court is directed to enter judgment in favor of Plaintiff and
against Defendant in the amount of $4,097.50.

3.

This case shall remain closed.

DONE and ORDERED in Tampa, Florida on September 3, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2013\13-cv-1286.fees.frm

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