Holland v. State Farm Mutual Automobile Insurance Company

Filing 43

ORDER that Plaintiff shall pay Defendant's attorneys' fees in the amount of $2,886.00 within 14 days of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 5/31/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILBER GLENN HOLLAND,

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Plaintiff,
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vs.
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STATE FARM MUTUAL AUTOMOBILE
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INSURANCE COMPANY,
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Defendant.
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__________________________________________)

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Case No. 2:12-cv-01058-LDG-GWF
ORDER

This matter comes before the Court on Defendant State Farm’s (“Defendant”)

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Memorandum of Fees (#31), filed on May 13, 2013. Plaintiff filed a Response (#38) on May 19,

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2013. Defendant filed a Reply (#41) on May 28, 2013.

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BACKGROUND

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Defendant filed a Motion (#20) to strike Plaintiff’s tardy expert witness disclosures on

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March 28, 2013. Plaintiff filed a Counter-motion (#23) for leave to designate his expert witnesses

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on April 14, 2013. The Court conducted a hearing on the Motion (#20) and Counter-motion (#23)

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on May 2, 2013. See Minutes of Proceedings, Doc. #27. The Court subsequently denied

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Defendant’s Motion (#20) and granted Plaintiff’s Counter-motion (#23). However, for the reasons

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stated on the record at the hearing, the Court awarded Defendant its reasonable attorneys’ fees for

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bringing its Motion to Strike (#20). Defendant subsequently filed the instant Memorandum of

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Fees.

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DISCUSSION
Reasonable attorneys’ fees must “be calculated according to the prevailing market rates in
the relevant community,” considering the fees charged by “lawyers of reasonably comparable skill,

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experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895-96 n. 11, 104 S.Ct. 1541 (1984).

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Courts typically use a two-step process when determining fee awards. Fischer v. SJB-P.D. Inc.,

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214 F.3d 1115, 1119 (9th Cir. 2000). First, the Court must calculate the lodestar amount “by taking

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the number of hours reasonably expended on the litigation and multiplying it by a reasonable

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hourly rate.” Id. Furthermore, other factors should be taken into consideration such as special

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skill, experience of counsel, and the results obtained. Morales v. City of San Rafael, 96 F.3d 359,

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364 n. 9 (9th Cir. 1996). “The party seeking an award of fees should submit evidence supporting

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the hours worked and rates claimed,” and “[w]here the documentation of hours is inadequate, the

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district court may reduce the award accordingly.” Hensley v. Eckerhart, 461 U.S. 424, 433 (1983).

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Second, the Court “may adjust the lodestar, [only on rare and exceptional occasions], upward or

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downward using a multiplier based on factors not subsumed in the initial calculation of the

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lodestar.” Van Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041, 1045 (9th Cir. 2000).

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Defendant’s Memorandum initially provided only block billing, which was one of the chief

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bases of Plaintiff’s Response (#38). Defendant did provide a redacted itemized bill in its Reply

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(#41), however, which the Court finds sufficient for purposes of review. Defendant billed a total of

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20.6 hours at a rate of $195.00 for preparing its Motion (#20) for two partners, Riley Clayton, Esq.

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and James Harper, Esq. The Court finds that Defendant’s counsel’s rate is commensurate with

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their skill, experience, and reputation. Mr. Clayton represents that Mr. Harper spent 7.1 hours

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researching and drafting the original Motion (#20), 0.3 hours reviewing Plaintiff’s Opposition

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(#22) and Counter-motion (#23), and 7.4 hours researching and drafting the Opposition (#26) to the

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Counter-motion (#23). Mr. Harper and Mr. Clayton also billed a total of 4.9 hours for preparing for

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and attending the hearing, and 0.9 hours for meet-and-confer efforts. The Court will only award

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fees associated with the preparation of Defendant’s Motion (#20), however, and will exclude the

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meet-and-confer time. Similarly, the Court will award 1 hour for Mr. Clayton’s appearance at the

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May 2, 2013 hearing. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff shall pay Defendant’s attorneys’ fees in the
amount of $2,886.00 within 14 days of the date of this Order.
DATED this 31st day of May, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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