FORRESTER WINNE v. NATIONAL COLLEGIATE STUDENT LOAN TRUST 2005-1 et al

Filing 216

ORDER ON PLAINTIFFS MOTION FOR FEES PURSUANT TO RULE 68 OFFER OF JUDGMENT granting 207 Motion for Attorney Fees By JUDGE JON D. LEVY. (nrg)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JANE C. FORRESTER WINNE,
et al.,
Plaintiffs,
v.
NATIONAL COLLEGIATE
STUDENT LOAN TRUST 2005-1,
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

1:16-cv-00229-JDL

ORDER ON PLAINTIFF’S MOTION FOR FEES PURSUANT TO RULE 68
OFFER OF JUDGMENT
Jane Forrester Winne and Transworld Systems, Inc. notified the Court on May
2, 2017, that they had reached a settlement agreement. ECF No. 160. The settlement
agreement provided that Transworld would pay Winne reasonable attorney’s fees and
costs associated with the prosecution of her claims against it. Because the parties
were unable to agree on a reasonable amount of attorney’s fees, I ordered the Plaintiff
to submit a motion and supporting affidavit detailing the amount of attorney’s fees
and costs to which she believes she is entitled. ECF No. 199.
Plaintiff filed a motion, affidavit, and billing records in support of her fee
request on July 6, 2017. ECF No. 207. These documents fail to adequately justify
her request, however, because they do not enable the Court to determine how much
of her attorney’s time was spent prosecuting the specific claims against Transworld.
Plaintiff requests a third of her total legal fees accrued through the date of judgment,

but does not suggest how this number relates specifically to the claims against
Transworld, who is one of numerous Defendants in this matter and who did not file
any of the dispositive motions briefed by the parties and decided by the Court.
Although it is the Plaintiff’s burden to support her fee request, see Hutchinson
ex rel. Julien v. Patrick, 636 F.3d 1, 13 (1st Cir. 2011), and she has failed to do so, the
parties have agreed that some reasonable fee award is appropriate. ECF No. 168 at
1. Transworld recommends that $4,500 in attorney’s fees and $400 in costs would be
a reasonable amount, based on an estimate of 15 hours of attorney time for preparing
the Complaint at Plaintiff’s counsel’s claimed rate of $300 per hour, plus the cost of
filing the Complaint. I adopt Transworld’s recommendation, grant Plaintiff’s motion
(ECF No. 207), and AWARD Plaintiff $4,900 in total fees and costs.

SO ORDERED.
Dated this 14th day of August 2017
/s/ JON D. LEVY
U.S. DISTRICT JUDGE

2