Donaldson v. Sailormen Inc.

Filing 16

ORDER awarding attorney's fees. Signed by Magistrate Judge Amanda Arnold Sansone on 9/26/2018. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
EARNEST DONALDSON,
Plaintiff,
v.

Case No.: 8:18-cv-193-T-23AAS

SAILORMEN, INC. d/b/a POPEYE’S
LOUISIANA KITCHEN,
Defendant.
______________________________________/
ORDER
The court held a hearing on Sailormen, Inc.’s (“Sailormen”) motion to compel
Earnest Donaldson to provide initial disclosures and discovery responses, and request
for expenses incurred in connection with the motion. (Doc. 10). Mr. Donaldson did
not appear at the hearing or otherwise object to Sailormen’s motion to compel or
request for expenses. The court granted Sailormen’s motion and awarded expenses,
including reasonable attorney’s fees, incurred in connection with the motion pursuant
to Fed. R. Civ. P. 37(a)(5)(A). (Doc. 14). Sailormen requests attorney’s fees in the
amount of $1,173.00, for 5.2 hours of combined work performed by two attorneys and
a paralegal billing at hourly rates of $260.00, $235.00, and $190.00, respectively.
(Doc. 15).
Courts are not authorized “to be generous with the money of others, and it is
as much the duty of courts to see that excessive fees and expenses are not awarded
as it is to see that an adequate amount is awarded.” Am. Civil Liberties Union of
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Georgia v. Barnes, 168 F.3d 423, 428 (11th Cir. 1999). When reducing fees, a court
may “conduct an hour-by-hour analysis or it may reduce the requested hours with an
across-the-board cut.” Bivins v. Wrap it Up Inc., 548 F.3d 1348, 1350 (11th Cir. 2008).
Although a court may apply either method, it cannot apply both. See id.
Considering that the issues raised in the motion to compel were
straightforward and at no point contested by Mr. Donaldson, a reduction of
Sailormen’s requested attorney’s fee award is warranted. Mr. Donaldson is directed
to reimburse Sailormen $568.50 of the attorney’s fees it incurred in connection with
the motion to compel (Doc. 10).
ORDERED in Tampa, Florida on September 26, 2018.

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