Komoroski et al v. Utility Service Partners Private Label, Inc.
ORDER granting award of attorneys' fees. Signed on November 20, 2017, by Chief District Judge Greg Kays. (Law clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
JAMES KOMOROSKI and
individually and on behalf of those
UTILITY SERVICE PARTNERS PRIVATE
LABEL, INC. d/b/a SERVICE LINE
WARRANTIES OF AMERICA,
Case No. 4:16-CV-00294-DGK
ORDER GRANTING MOTION FOR AWARD OF ATTORNEYS’ FEES
This case is a consumer class action. Plaintiffs James Komoroski and Galen Verhulst
(collectively, “Plaintiffs”) purchased utility warranties from Defendant Utility Service Partners
Private Label, Inc., doing business as Service Line Warranties of America (“SLWA”), which
would defray the cost to repair and replace the water service line running into their home.
Plaintiffs allege SLWA denied warranty coverage for legitimate repair claims.
Now before the Court is Plaintiffs’ Motion for Award of Attorneys’ Fees, Expenses and
Class Representative Awards (Doc. 55) and Plaintiffs’ counsel’s response to the Court’s request
for additional information to perform a lodestar calculation (Doc. 80). Counsel seek $83,000 in
fees and no reimbursement for expenses. After carefully reviewing the augmented record, the
Court rules as follows.
A lodestar calculation is the product of the reasonable time spent on a matter times a
reasonable rate. City of Burlington v. Dague, 505 U.S. 557, 559 (1992); Dindinger v. Allsteel,
Inc., 853 F.3d 414, 429 (8th Cir. 2017). Counsel have provided detailed records which confirm
that the total amount of attorney time spent on this matter was approximately 306 hours, the total
amount of paralegal time spent on this matter was approximate 66 hours, and that all of the time
spent on this matter was reasonable. As for the rate, the proposed fee of $83,000 for 306 hours
of attorney time 1 works out to an hourly rate of approximately $270 an hour. The Court also
notes counsel achieved a good result for their clients: Class members with economic damages
will recover 110% of their actual damages, and the remaining class members will benefit by
SLWA’s agreement to change its business practices.
In light of the result achieved and the reasonable hours worked, the Court finds the
proposed fee of $83,000 is more than fair. The motion is GRANTED, and the Court commends
counsel for their work.
Plaintiffs’ counsel are awarded eighty-three thousand dollars ($83,000) in fees, to be paid
pursuant to the terms of the Settlement Agreement.
IT IS SO ORDERED.
Date: November 20, 2017
/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT
The Court notes this figure excludes the value of the paralegal’s time, which was not insignificant, and further
benefits the class.
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