Franks v. Peak Credit Services

Filing 15

MEMORANDUM AND ORDER - The plaintiff's motion for attorney's fees (filing 11 ) is granted in part, and the plaintiff is awarded attorneys fees in the amount of $750.00. In all other respects, the motion is denied. Final judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (AOA)

-CRZ Franks v. Peak Credit Services

Doc. 15

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JASON J. FRANKS, Plaintiff, v. PEAK CREDIT SERVICES, LLC, Defendant. ) ) ) ) ) ) ) ) 4:10CV3158 MEMORANDUM AND ORDER

Following the entry of an order granting the plaintiff a default judgment for statutory damages in the amount of $400.00, the plaintiff has filed a motion for an award of reasonable attorney's fees as authorized by the Fair Debt Collection Practices Act, 15 U.S.C. § 1692k(a)(3). The plaintiff requests an award of $1,500.00. Attached to the motion is an unauthenticated "work-in-process report" which indicates that the plaintiff's "lead attorney performed two hours of work at the rate of $175.00 per hour[, an] associate attorney performed 16.65 hours of work at the rate of $100.00 per hour, and [a] paralegal performed 2.8 hours of work at the rate of $60.00 per hour" for "total billable fees" of $2,183.00. (Filing 11, ¶ 6 and Exhibit 1.) Without an affidavit to authenticate the document and to establish the reasonableness of the reported hourly rates and hours, this attachment does not provide "appropriate and reliable evidence" in support of the plaintiff's motion. See NECivR 54.3(b); see also NECivR 54.4(c) ("[A]ttorneys must file affidavits or other evidence in support of claimed hourly rates and hours."). In my estimation, a reasonable fee for the services of the plaintiff's attorneys in drafting a fairly simple complaint and obtaining a default judgment against the defendant should not exceed the sum of $750.00, which is the amount I will award. Accordingly,

Dockets.Justia.com

IT IS ORDERED: 1. The plaintiff's motion for attorney's fees (filing 11) is granted in part, and the plaintiff is awarded attorney's fees in the amount of $750.00. In all other respects, the motion is denied. Final judgment shall be entered by separate document. BY THE COURT:

2.

December 14, 2010.

R ichard G. Kopf
United States District Judge

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