Armstead v. Allstate Property & Casualty Insurance Company

Filing 167

OPINION AND ORDER directing that Respondent Sandra Finch shall, on or before January 6, 2017, pay Defendant Allstate Property & Casualty Insurance Company the amount of $1,548.00. Payment shall be made by cashiers check or other good funds. Signed by Judge William S. Duffey, Jr on 12/21/16. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ELAINE ARMSTEAD,
Plaintiff,
v.

1:14-cv-586-WSD

ALLSTATE PROPERTY &
CASUALTY INSURANCE
COMPANY,
Defendant,
SANDRA FINCH,
Respondent.

OPINION AND ORDER
This matter is before the Court on Defendant Allstate Property & Casualty
Insurance Company’s (“Defendant”) Notice of Attorney’s Fees [166].
I.

BACKGROUND
On December 6, 2016, the Court issued an Order [165] (“December 6th

Order”) finding that Respondent Sandra Finch (“Respondent”) had refused, in bad
faith, to comply with lawful orders of the Court. The Court exercised its inherent
power to sanction Respondent. One of the sanctions the Court imposed required
Respondent to pay the attorney’s fees Defendant incurred as a result of
Respondent’s sanctionable misconduct. The Court noted that Defendant

participated in the July 7, 2016, pretrial conference, nearly all of which was
devoted to discussing Respondent’s failure to comply with the Court’s July 1st and
July 6th Orders. Defendant also participated in the July 11, 2016, Contempt
Hearing. The Court found that, had Respondent not engaged in her sanctionable
misconduct, Defendant would not have incurred attorney’s fees to participate in,
and prepare for, these hearings. To determine the fees required to be paid, the
Court ordered Defendant to submit, on or before December 16, 2016, the
attorney’s fees it incurred in connection with its participation in the pretrial
conference and the Contempt Hearing. The Court stated it would review the fees
detailed and evaluate them as an appropriate sanction for Respondent’s bad faith
conduct.
On December 16, 2016, Defendant filed its Notice of Attorney’s Fees.
Defendant filed two exhibits with its Notice. Exhibit 1 is a list of fees incurred that
are directly related to the pretrial hearing and the contempt hearing. Exhibit 2 is a
broader list of fees and expenses incurred by Defendant in connection with
Plaintiff’s misconduct.
II.

DISCUSSION
The starting point for determining the amount of a reasonable fee is the

number of hours reasonably expended on the litigation multiplied by a reasonable

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hourly rate . . . [t]he product of these two figures is the lodestar and there is a
strong presumption that the lodestar is the reasonable sum the attorneys deserve.”
Bivins v. Wrap It Up, Inc., 548 F.3d 1348, 1350 (11th Cir. 2008) (considering the
recovery of reasonable attorney’s fees) (internal quotation marks and citations
omitted).
The Court finds Defendant’s $200.00 hourly rate reasonable, if not below
the hourly rate customarily charged in the Atlanta area market for legal services.
The Court also finds reasonable the time Defendant expended on the matters
detailed in Exhibit 2. The entries in Exhibit 2, with the exception of the entries
from June 23, 2016, through July 1, 2016, are directly related to Respondent’s
failure to comply with the Court’s July 1st and July 6th Orders. Based on the
Court’s review, it finds that Defendant is entitled to attorney’s fees in the aggregate
amount of $1,548.00.
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Respondent Sandra Finch shall, on or

before January 6, 2017, pay Defendant Allstate Property & Casualty Insurance
Company the amount of $1,548.00. Payment shall be made by cashier’s check or
other good funds.

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SO ORDERED this 21st day of December, 2016.

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