Filing 37


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UNITED STATES DISTRICT COURT DISTRICT OF MAINE CAMDEN NATIONAL BANK, Plaintiff, v. THOMAS M. CHAPPELL, M/V SARAH HOLLOWAY O.N. 1182997 her gear, fittings, appurtenances, and engines in rem and Thomas M. Chappell, in personam, Defendants. ) ) ) ) ) ) 2:19-cv-00259-JAW ) ) ) ) ) ) ) ) ORDER GRANTING MOTION FOR ATTORNEY’S FEES On August 28, 2019, Plaintiff Camden National Bank (Camden National) filed a motion for attorney’s fees seeking $16,042.50 in fees in an action to enforce a maritime lien on the vessel “M/V Sarah Holloway” pursuant to 46 U.S.C. § 31325. Mot. for Att’y’s Fees (ECF No. 35); Compl. ¶ 9 (ECF No. 1). 1 Along with its motion, Camden National filed an affidavit in support of the award of legal fees as well as a detailed accounting of the substance of the work performed, the hours spent on each entry of work, and the billable rates for the attorneys and personnel involved. 2 Mot. for Att’y’s Fees, Attachs. 1-2. Camden National is entitled to attorney’s fees in this action because the mortgage on the Sarah Holloway held by Camden National states that “[t]he net proceeds of any judicial or other sale . . . shall be applied . . . FIRST: To the payment of all attorney’s fees, court costs, and any other expenses, losses, charges, damages incurred or advances made by Mortgagee . . . caused by Owner’s default hereunder or under the note secured hereby . . ..” Compl., Attach. 1 at 3 (ECF No. 1). 2 The exhibit filed by Camden National lists $16,667.50 worth of time entries—more than requested in the Motion for Attorney’s Fees. The last entry, for $625 on August 28, 2019, is for 1 Camden National has satisfied the Court that, with one exception, the work performed and the hourly rates charged were reasonable; however, the hourly rate for work performed by Susan Fritts, a paralegal, must be discounted from $150, id., Attach. 2 at 11, to $99.75 per the approved lodestar rates laid out in TD Bank, N.A. v. Estate of Woodman, No. 17-cv-00163-JAW, 2019 WL 2563813, at *4 (D. Me. June 21, 2019). Camden National seeks fees for 0.80 hours of Ms. Fritts’ work at a total cost of $120. Mot. for Attorney’s Fees, Attach. 2 at 11. Discounted to an hourly rate of $99.75, this amount is $79.80. Therefore, Camden National’s request for attorney’s fees must be reduced by $40.20 to $16,002.30. The Court GRANTS Camden National’s Motion for Attorney’s Fees (ECF No. 35), as altered by the Court, in the amount of $16,002.30. SO ORDERED. s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 4th day of October, 2019 “finaliz[ing] motion and affidavit for attorneys’ fees along with application for costs,” Mot. for Att’y’s Fees, Attach. 2 at 11, accounts for the exact amount of this discrepancy. Based on First Circuit authority that “fees for . . . work [on a fee petition] are often calculated at lower rates than those deemed reasonable for the main litigation,” Torres-Rivera v. O’Neill-Cancel, 524 F.3d 331, 340 (1st Cir. 2008), the Court assumes that Camden National has decided not to pursue the $625 entry related to its fee petition. 2

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