Rivard-Crook et al v. Accelerated Payment Technologies, Inc.

Filing 45

ORDER that Defendant Accelerated Payment Technologies is to pay Plaintiffs Todd Granat and Steve Gautier the total sum of $2,067.50. Defendant is further ordered to make full payment to Plaintiffs by Thursday, April 5, 2012. Signed by Magistrate Judge George Foley, Jr on 3/22/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARBARA RIVARD-CROOK; et al.,

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Plaintiffs,
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vs.
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ACCELERATED PAYMENT TECHNOLOGIES, )
INC.,
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Defendant.
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__________________________________________)

Case No. 2:10-cv-02215-LRH-GWF
ORDER
Statement of Fees and Costs (#41)

This matter comes before the Court on Plaintiffs Todd Granat and Steve Gautier’s

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Statement of Fees and Costs (#41), filed on March 8, 2012 and Defendant’s Notice of Non-

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Opposition to Plaintiffs’ Statement of Fees and Costs (#44), filed on March 21, 2012. On February

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24, 2012, the Court granted Plaintiffs’ Motion for Protective Order and Attorneys’ Fees and

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awarded Plaintiffs their reasonable attorneys fees and costs associated with bringing the motion.

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(See #39.) Plaintiffs then submitted their Statement of Fees and Costs (#41), requesting

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reimbursement of $2,067.50 in fees and costs associated with bringing their Motion for Protective

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Order (#35). Defendant does not object to Plaintiffs’ requested fees and costs.

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DISCUSSION
The Supreme Court has held that reasonable attorney fees must “be calculated according to

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the prevailing market rates in the relevant community,” considering the fees charged by “lawyers of

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reasonably comparable skill, experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895-96

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n. 11, 104 S.Ct. 1541 (1984). Courts typically use a two-step process when determining fee

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awards. Fischer v. SJB-P.D. Inc., 214 F.3d 1115, 1119 (9th Cir. 2000). First, the Court must

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calculate the lodestar amount “by taking the number of hours reasonably expended on the litigation

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and multiplying it by a reasonable hourly rate.” Id. Furthermore, other factors should be taken into

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consideration such as special skill, experience of counsel, and the results obtained. Morales v. City

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of San Rafael, 96 F.3d 359, 364 n. 9 (9th Cir. 1996). “The party seeking an award of fees should

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submit evidence supporting the hours worked and rates claimed . . . [w]here the documentation of

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hours is inadequate, the district court may reduce the award accordingly.” Hensley v. Eckerhart,

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461 U.S. 424, 433 (1983). Second, the Court “may adjust the lodestar, [only on rare and

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exceptional occasions], upward or downward using a multiplier based on factors not subsumed in

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the initial calculation of the lodestar.” Van Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041,

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1045 (9th Cir. 2000).

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Plaintiffs request a total of $2,067.50 in fees and costs associated with bringing the Motion

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for Protective Order (#35). Plaintiffs request reimbursement of attorneys’ fees and costs at an

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hourly rate of $250 for the associate attorneys who worked on this case and $295.00 for the

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partners who worked on this matter. After reviewing Plaintiffs’ Memorandum and the affidavit of

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Neil Durrant, Esq., the Court finds that the Plaintiffs have offered sufficient evidence that the above

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hourly rates are reasonable. The Court further finds that the requested fees are reasonable. A total

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of eight hours was billed by Plaintiffs’ attorneys. Six hours were spent drafting the Motion for

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Protective Order (#35) and the remaining time was spent attending the deposition of Steve Gautier,

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which the Defendants refused to vacate. Defendant does not oppose Plaintiffs’ requested fees. The

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Court will therefore award Plaintiffs reimbursement for their fees and costs in the amount of

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$2,067.50. Accordingly,

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IT IS HEREBY ORDERED that Defendant Accelerated Payment Technologies is to pay

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Plaintiffs Todd Granat and Steve Gautier the total sum of $2,067.50. Defendant is further ordered

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to make full payment to Plaintiffs by Thursday, April 5, 2012.

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DATED this 22nd day of March, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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