EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WEST CUSTOMER MANAGEMENT GROUP LLC
Filing
337
ORDER. The EEOC's objections are OVERRULED and the Magistrate Judge's Report and Recommendation (doc. 331 ) is ADOPTED. West is awarded $90,541.50 in attorneys' fees and $7,319.67 in nontaxable expenses incurred from the date of the pretrial conference through the conclusion of the trial. The Defendant's Supplemental Motion for Award of Attorneys' Fees and Nontaxable Expenses (doc. 319 ) is GRANTED. The parties have fourteen (14) days t o confer and attempt to agree regarding the amount of Wests supplemental fees. If no agreement is reached, West has twenty-one (21) days from the date of this Order to submit materials in support of its claim for supplemental attorneys' fees a nd nontaxable expenses incurred in litigating the attorneys' fee issue. The EEOC has fourteen (14) days thereafter to respond. The matter is remanded to the Magistrate Judge to conduct all further proceedings regarding the issue of attorneys' fees and nontaxable expenses. (Response due by 7/20/2015. Miscellaneous Deadline - by 7/6/2015.) Signed by CHIEF JUDGE M CASEY RODGERS on 6/15/2015. (sdw)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
v.
Case No. 3:10cv378/MCR/CJK
WEST CUSTOMER MANAGEMENT
GROUP, LLC,
Defendant.
_________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report and
Recommendation (“R&R”) dated March 24, 2015. (Doc. 331). The parties have been
furnished a copy of the R&R and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). The Court has made a de
novo determination of Plaintiff Equal Employment Opportunity Commission’s (“EEOC”)
timely filed objections (see docs. 332, 333) and has reviewed Defendant West Customer
Management Group, LLC’s (“West”) response (doc. 324). Having fully considered the
matter, the Court finds that the objections should be overruled and the R&R adopted.
The EEOC asserts that the R&R does not reflect a “conscientious and detailed
inquiry” and argues that the number of hours billed are not reasonable.1 The Court
disagrees. To determine the hours reasonably expended, the Court must consider “the
number of hours actually spent and subtract hours that are excessive, duplicative,
unproductive, or otherwise unnecessary.” See In re Application to Adjudge Trinity Indus.,
Inc., 876 F.2d 1485, 1495 (11th Cir. 1989) (citing Hensley v. Eckerhart, 461 U.S. 424, 434
(1982)). “If fee applicants do not exercise billing judgment, courts are obligated to do it for
them, to cut the amount of hours for which payment is sought, pruning out those that are
1
The EEOC does not object to the rates charged.
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