Rivera et al v. Greffin et al
Opinion and Order Signed by the Honorable William T. Hart on 3/9/2017:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
DANIEL RIVERA, STEPHEN
KENSINGER, DEBORAH JOY
MEACOCK, and REBECCA
ALLSTATE INSURANCE COMPANY,
Case No. 10 C 1733
OPINION AND ORDER
Plaintiffs Rivera, Kensinger, Meacock, and Scheuneman have moved for
allowance of attorney fees and costs. The jury returned a finding of willful
noncompliance with the Fair Credit Reporting Act 15 U.S.C. § 1681n (“FCRA”)
which authorizes the imposition of such fees and costs. This matter was
considered in the opinion and order entered on January 20, 2017 .
In compliance with Local Rule 54, the parties have engaged in
discussion and analysis of the extensive time entries recorded during the six years
this case has been pending. Plaintiffs' counsel have agreed with defendant’s
counsel that only those fees arising under the FCRA are compensable. Defendant
does not contest the hourly rates of the plaintiffs’ attorneys. Plaintiffs incurred
fees of $791,137.50 for 2,206.75 hours of work performed. Defendant incurred
attorney fees for 10,282.6 hours incurred in defense of the claims.
Plaintiffs have reduced their claim for fees so as to relate only to the
FCRA claim. The amount they seek is $357,716.25. Defendant contends that the
reduction should be to $45,488.48. There was a substantial overlap of the claims
requiring time and attention to discovery and trial efforts. The central issue in the
case - the investigation of possible employee misconduct - related to all of the
claims. Plaintiffs’ reduction of their total fees so as to be applicable only to the
FCRA claim is fair and reasonable and does not warrant any further reduction.
Plaintiffs’ fees request will be allowed.
Plaintiffs have not disputed the defendant’s request that certain costs be
disallowed. Defendant’s proposed adjustments will be allowed.
IT IS THEREFORE ORDERED AS FOLLOWS:
1. Plaintiffs’ petition for fees and costs , as modified, is granted.
2. The Clerk of the court is directed to enter a Supplemental Judgment
in favor of plaintiffs Daniel Rivera, Stephen Kensinger, Deborah Meacock and
Rebecca Scheuneman jointly and against defendant Allstate Insurance Company in
the amount of $357,716.25 for attorney fees and $24,143.25 for court costs.
UNITED STATES DISTRICT JUDGE
DATED: MARCH 9, 2017
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