CUSSON v. ILLUMINATIONS I, INC.

Filing 48

ORDER: Plaintiff directed to file a motion for attorney's fees, litigation expenses and costs and memorandum with supporting materials and affidavits. Defendant shall file its memorandum in response. If either party wants a hearing, request should be included in motion or response. (Motion due by 8/3/2012. Response due by 8/17/2012). ). Signed by MAGISTRATE JUDGE GARY R JONES on 7/20/2012. (jws)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
NANCY CUSSON,
Plaintiff,
v.

Case No. 1:11-cv-87-SPM-GRJ

ILLUMINATIONS I, INC.,
a Florida corporation,
Defendant.
_________________________________/
ORDER
Pursuant to the Court’s Order of Reference (Doc. 47) this matter has been
referred to the undersigned to determine the amount of attorney’s fees, litigation
expenses, and costs to be awarded to Plaintiff’s counsel. The Court has approved the
consent decree and the parties have agreed on the issue of entitlement to attorney’s
fees.
The procedure for determining the amount of attorney’s fees, litigation expenses
and costs to be awarded shall be as follows. On or before August 3, 2012 Plaintiff is
directed to file a motion for attorney’s fees, litigation expenses and costs and
memorandum with supporting materials and affidavits containing the following
information: (1) a detailed itemization of the reasonable number of hours incurred in
support of Plaintiff’s request for attorney’s fees,1 and (2) the hourly rate claimed for

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The item ization shall include the date the services were perform ed, a description of the services
perform ed and the hours or fractions thereof incurred in perform ing each of such services.

each attorney or paralegal performing services and the rate claimed for each
timekeeper. Further, Plaintiff shall serve and file any affidavits of experts regarding the
reasonable amount of attorney’s fees to be awarded, which shall contain the substance
of the opinion(s) to be offered by the expert, including the expert’s opinion on the
reasonable number of hours and hourly rate(s) to be applied in this case, the data and
other information considered by the expert in forming his or her opinion(s), and the
qualifications of the expert. Plaintiff shall also file an affidavit or bill of costs detailing
the litigation expenses and costs Plaintiff is requesting.
On or before August 17, 2012 Defendant shall file and serve its memorandum in
response to Plaintiff’s motion. Additionally, Plaintiff shall file and serve any affidavits of
experts regarding the requested award of attorney’s fees, which shall contain the
substance of the opinion(s) to be offered by the expert, including, if applicable, the
expert’s opinion on the reasonable number of hours and hourly rate(s) to be applied in
this case, the data and other information considered by the expert in forming his or her
opinion(s), and the qualifications of the expert.
Upon receipt of the filings the Court will take the matter under advisement and, if
necessary, will schedule an evidentiary hearing to determine the amount to be awarded
with regard to Plaintiff’s claim for attorney’s fees. If either party wants the Court to

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schedule a hearing on the motion a request for a hearing should be included in the
motion or the response.2
DONE AND ORDERED in Gainesville, Florida, on this 20th day of July 2012.

s/ Gary R. Jones s/GaryR.Jone
GARY R. JONES
United States Magistrate Judge

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To the extent that the parties stipulate to the subm ission in evidence of the affidavits of their
attorney’s fee experts, the hearing will be lim ited to argum ent of counsel. If the parties do not stipulate to
the subm ission of expert opinions by affidavit, the Court will hear the testim ony from the parties’ respective
experts at the hearing in addition to argum ent of counsel.
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