Lainez Flores v. Wheels America Miami, Inc. et al
Filing
124
ORDER granting 122 Motion for Attorney Fees. Signed by Magistrate Judge Jonathan Goodman on 10/28/2014. (tr00)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 13‐21672‐CIV‐GOODMAN
[CONSENT CASE]
BILLOREL ANTONIO LAINEZ FLORES,
Plaintiff,
v.
WHEELS AMERICA MIAMI, INC., et al.,
Defendants.
_____________________________________/
ORDER GRANTING MOTION FOR ATTORNEY’S FEES
This Cause is before the Court on Plaintiff’s Motion for Attorney’s Fees Pursuant
to 29 U.S.C. § 216(b) and Local Rule 7.3 against Kevin Hosein (“Hosein”) and Wheels
America Alloy Wheel Miami, LTD. (“Wheels”) (the “Motion”). [ECF No. 122]. While the
Local Rule 7.1 conferral statement indicates that Defendant Hosein opposes the Motion
[Id. at p. 5], no Response was filed. The Undersigned reviewed Plaintiff’s Motion, the
attached documentation of billable hours [ECF No. 121‐1] and the pertinent portions of
the record. For the reasons stated below, the Undersigned finds that the requested
attorney’s fees are reimbursable and reasonable, and as such, the Motion for Attorney’s
Fees is granted in part.
I.
BACKGROUND
Plaintiff brought an action against Defendants to recover unpaid wages pursuant
to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § § 201‐216(b). [ECF No. 1].
Following a three‐day jury trial, the jury returned a verdict for Plaintiff against
Defendant Hosein on July 24, 2014. [ECF No. 105]. A Motion for Default Judgment was
filed as to Defendant Wheels (the “Motion for Default”) on July 30, 2014. [ECF No. 116].
The Court granted the Motion for Default on August 25, 2014 [ECF No. 118], as well as
entered Final Default Judgment against Defendant Wheels [ECF No. 119] in the amount
of $29,875.32 and Final Judgment against Defendant Hosein in the amount of $14,937.66
[ECF No. 120].
II.
PLAINTIFF’S MOTION FOR ATTORNEY’S FEES
Based upon his prevailing party status in an FLSA action, plaintiff now seeks an
award of attorney’s fees in the amount of $49,783. [ECF No. 122].
A. Legal Standard
The methodology for determining reasonable attorney’s fees begins with a
calculation of the “lodestar,” which is the product of the reasonable hourly rate
multiplied by the reasonable number of hours expended. Hensley v. Eckerhart, 461 U.S.
424, 433 (1983). The resulting fee carries a presumption that it is reasonable. Blum v.
Stenson, 465 U.S. 886 (1984). This lodestar amount may then be adjusted upward or
downward based upon other considerations. Hensley, 461 U.S. at 433‐37. The plaintiffs
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bear the burden of documenting their reasonable hours expended and their reasonable
hourly rates. A.C.L.U. v. Barnes, 168 F.3d 423, 427 (11th Cir. 1999); see also Johnson v.
Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974) (enumerating factors for the
court to consider in setting a reasonable fee). The Court may also use its own experience
in assessing the reasonableness of attorneys’ fees and may form an independent
judgment either with or without witnesses. Norman v. Hous. Auth. of Montgomery, 836
F.2d 1292, 1299 (11th Cir. 1988).
B. Reasonable Hourly Rate
A reasonable hourly rate is the prevailing market rate in the relevant legal
community for similar services by attorneys with reasonably comparable skills,
experience and reputation. Norman, 836 F.2d at 1299 (citing Blum, 465 U.S. at 895‐96 &
n.11); Gaines v. Dougherty Cnty. Bd. of Educ., 775 F.2d 1565, 1571 (11th Cir. 1985)). The
plaintiffs bear the burden of producing satisfactory evidence that the requested rates are
in line with the prevailing market rates. See Norman, 836 F.2d at 1299 (citing N.A.A.C.P.
v. City of Evergreen, 812 F.2d 1332, 1338 (11th Cir. 1987)).
The hourly rates claimed for this Motion are: $350/hour for J.H. Zidell; $325/hour
for K. David Kelly; $300/hour for Joseph DiSpaldo; $250/hour for Daniel Feld; $200/hour
for Chris Cochran; and $200/hour for Rivkah Jaff. Plaintiff attaches a case [ECF No. 122‐
2] from four years ago before Magistrate Judge Turnoff of the Miami Division of the
Southern District of Florida, in which slightly lower rates were approved for attorneys
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at this same law firm (and many of the same attorneys) for an FLSA matter. Fernando
Reis v. Thierry’s Inc., et al., No. 08‐20992‐Civ‐Turnoff (Lenard), 2010 WL 1249076 (S.D.
Fla. March 25, 2010). In light of the evidence presented, the lack of objection from
Defendants, and upon independent review of the hourly rates, the Undersigned finds
that they are reasonable.
C. Reasonable Hours Expended
The Court must next evaluate the plaintiffs’ requested fees for reasonableness in
terms of the total hours expended by the plaintiffs’ counsel. The Court should exclude
from the fees award compensation for hours that are “excessive, redundant or
otherwise unnecessary.” Norman, 836 F.2d at 1301 (quoting Hensley, 461 U.S. at 434).
The Court may determine a reasonable award based on its own experience. Id. at 1303.
The burden rests on the plaintiffs to submit a request for fees that will enable the court
to determine what time was reasonably expended. Loranger v. Stierheim, 10 F.3d 776,
782 (11th Cir. 1994).
The plaintiffs’ fees motion does not provide a breakdown of the total hours spent
by each individual attorney. However, it appears that from a review of the billing
entries that the plaintiffs request compensation for 58.4 hours for Mr. Zidell, 67.5 hours
for Mr. Kelly, 19.4 hours for Ms. Jaff, 8.9 hours for Mr. Cochran, 8.5 hours for Mr. Feld,
and 2.94 hours for Mr. DiSpaldo. [ECF No. 122‐1]. Based on those figures, the
compensation sought should be $48,785, rather than the $49,783 that Plaintiffs have
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listed. As Plaintiffs did not see fit to provide a full breakdown of the hours billed
themselves, the Court will rely upon the figures it derived from the billing ledger
provided.
Upon review of Plaintiff’s billing records for reasonableness, the Undersigned
finds that the entries were contemporaneous, complete, and an accurate reflection of the
work done by the attorneys. In light of the evidence presented, the lack of objection
from Defendants, and upon independent review of the hours billed, the Undersigned
finds that the hours expended are reasonable.
Accordingly, Plaintiff should be entitled to recover attorney’s fees in the total
amount of $48,785.
III.
CONCLUSION
After careful consideration of the record and for the aforesaid reasons, it is
hereby ORDERED and ADJUDGED that Plaintiff’s Motion for Attorney’s Fees is
granted in part, and Plaintiff shall recover the following sum from Defendants, jointly
and severally, which sum shall bear interest at the legal rate from the date of the
judgment on August 25, 2014 onward, for which sum let execution issue: $48,785.
DONE and ORDERED, in Chambers, in Miami, Florida, October 28, 2014.
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Copies furnished to:
All Counsel of Record
Kevin Hosein
Wheels America Miami, Inc.
Wheels America Alloy Wheel Miami, LLC
Wheels America Alloy Wheel Miami, Ltd.
7900 West 25th Court
Hialeah, FL 33016
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