Adkins v. Hyundai Motor America et al

Filing 94

ORDER that Defendant Henderson Hyundai Superstore shall pay Plaintiff $5,125.00 in attorneys fees within 14 days of this Order re 86 Memorandum of Attorney's Fees and Costs. Signed by Magistrate Judge George Foley, Jr on 08/05/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LA SHARON ADKINS,

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Plaintiff,
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vs.
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HENDERSON HYUNDAI SUPERSTORE, INC., )
and ADVANSTAFF, INC.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-01612-GMN-GWF
ORDER
Memorandum of Attorney’s Fees
and Costs (#86)

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This matter comes before the Court on Plaintiff La Sharon Adkins’ (“Plaintiff”)

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Memorandum of Attorney’s Fees and Costs (#86), filed on July 1, 2013. Defendant Henderson

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Hyundai Superstore, Inc. (“Hyundai”) filed a Response (#91) on July 12, 2013. Plaintiff filed a

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Reply (#92) on July 15, 2013.

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BACKGROUND

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On September 13, 2012, Plaintiff initiated this action after being terminated from her

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employment at Hyundai. In her Complaint (#1), Plaintiff alleges that she was terminated in

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retaliation after she lodged complaints regarding her supervisor’s behavior. Plaintiff subsequently

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learned that Hyundai discarded Plaintiff’s supervisor’s desktop computer, which may have

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contained discoverable material. Thereafter, on April 30, 2013, Plaintiff filed a Motion for

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Sanctions Against Defendants for Spoliation of Evidence (#54). On June 13, 2013, the Court

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conducted a hearing on the Motion for Sanctions (#54). See Minutes of Proceedings, Doc. #79.

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Rather than allow an adverse inference or enter a default judgment as sought by Plaintiff, the Court

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precluded Hyundai’s computer examiner from testifying at trial. See June 19, 2013 Order, Doc.

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#81 at 1:22-23. The Court also awarded Plaintiff her attorneys’ fees incurred in bringing the

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Motion for Sanctions (#54). See id. at 1:20-26. Plaintiff subsequently filed the instant

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Memorandum of Attorney’s Fees and Costs (#86).

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DISCUSSION
Reasonable attorneys’ fees must “be calculated according to the prevailing market rates in

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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, (1984). Courts typically

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use a two-step process when determining fee awards. Fischer v. SJB-P.D. Inc., 214 F.3d 1115,

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1119 (9th Cir. 2000). First, the Court must calculate the lodestar amount “by taking the number of

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hours reasonably expended on the litigation and multiplying it by a reasonable hourly rate.” Id.

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Furthermore, other factors should be taken into consideration such as special skill, experience of

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counsel, and the results obtained. Morales v. City of San Rafael, 96 F.3d 359, 364 n. 9 (9th Cir.

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1996). “The party seeking an award of fees should submit evidence supporting the hours worked

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

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

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

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using a multiplier based on factors not subsumed in the initial calculation of the lodestar.” Van

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

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Plaintiff’s Counsel Michael Freiman submitted an Affidavit and Memorandum (#86)

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detailing the costs incurred in pursuing the Motion for Sanctions (#54). Michael Freiman argues

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that his reasonable hourly rate is $250.00, and that his co-counsel Lawrence Freiman’s reasonable

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hourly rate is $300.00. The Court finds that these rates are commensurate with Counsels’ skill,

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experience, and reputations.

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Michael Freiman represents that Lawrence Freiman spent 8.5 hours reviewing documents

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for, researching for, and drafting the Motion for Sanctions (#54). Lawrence Freiman spent 0.8

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hours reviewing Hyundai’s Response (#72) to the Motion. Michael Freiman represents he spent an

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additional 1.3 hours reviewing the Response, 4.7 hours analyzing its cited authorities, 0.8 hours

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“[a]nalyz[ing] relevant documents,” and 3.2 hours drafting Plaintiff’s Reply (#74). Lawrence

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Freiman subsequently spent 2.9 hours drafting a supplemental Reply (#76) and two errata. Michael
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Freiman then represents that he spent 12 hours and that Lawrence Freiman spent 3.6 hours

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preparing for, traveling to, and attending the hearing on the Motion (#54). The Memorandum also

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includes $10.00 for parking and $314.60 for mileage (572 miles at $.55 per mile). Finally, Michael

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Freiman states Lawrence Freiman spent 3.4 hours reviewing the Court’s Orders (#79, #81) on the

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Motion (#54). The total for fees included in the Memorandum is $11,044.60.

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The Court’s June 19, 2013 Order (#81) awarded fees “incurred in bringing [the Motion for

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Sanctions (#54)].” The Court will award Plaintiff her attorneys’ fees for 8.5 hours for Lawrence

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Freiman’s drafting of the Motion (#54), 5.5 hours for Michael Freiman’s drafting of the Reply

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(#74), 2.9 hours for Lawrence Freiman’s drafting of the Supplement (#76) and errata, and 1.1 hours

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for Lawrence Freiman’s attendance at the hearing. The Court will not award fees for Lawrence

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Freiman’s review of Hyundai’s Response (#72) because it is duplicative of Michael Freiman’s

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review. The Court also finds that Michael Freiman’s 4.7 hours for reviewing the Response’s cited

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authorities is excessive, and reduces that time to 1 hour. Michael Freiman’s 0.8 hours for

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“reviewing relevant documents” before drafting the Reply (#74) is not sufficiently specific to merit

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fees. Because the award of fees was only for the time incurred in bringing the Motion (#54), the

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Court will also not award fees for travel, parking, mileage, or preparation for the hearing. The

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Court will award fees for Lawrence Freiman’s attendance at the hearing, which lasted 1.1 hours.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant Henderson Hyundai Superstore shall pay
Plaintiff $5,125.00 in attorneys’ fees within 14 days of this Order.
DATED this 5th day of August, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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