Garis v. Gypsum Resources Materials, LLC et al

Filing 38

ORDER that 37 Motion for Attorney's Fees and Costs is GRANTED. Signed by Judge Andrew P. Gordon on 5/1/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 KARRI GARIS, 5 Plaintiff, 6 7 8 Case No. 2:16-cv-02534-APG-VCF v. GYPSUM RESOURCES MATERIALS, LLC, et al., ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS (ECF NO. 37) Defendants. 9 On March 26, 2018 default judgment was entered against defendants Gypsum Resources 10 11 Materials, LLC and Truckee Springs Holdings, Inc. ECF No. 36. Plaintiff Karri Garis now 12 moves for an award of attorney’s fees and costs under 29 U.S.C. § 216(b). ECF No. 37. I grant 13 that motion. 14 A plaintiff who prevails in a Fair Labor Standards Act lawsuit is entitled to recover 15 reasonable attorney’s fees and costs. 29 U.S.C. § 216(b) (“The court in such action shall, in 16 addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to 17 be paid by the defendant, and costs of the action.”). Garis’s counsel has submitted satisfactory 18 evidence justifying why he spent 61.6 hours on this case and the reasonableness of his $400.00 19 per hour fee. ECF No. 37-2. This lodestar method of calculating and evaluating fee requests is 20 appropriate here. I have also considered the relevant factors under Local Rule 54-14. Garis’s 21 motion and supporting evidence justify the reasonableness of the fee request. Because the hourly 22 rate and the time incurred are reasonable, I grant the fee request. 23 //// 24 //// 25 //// 26 //// 27 //// 28 1 IT IS THEREFORE ORDERED that plaintiff Karri Garis’s motion for attorney’s fees and 2 costs (ECF No. 37) is GRANTED. Karri Garis is awarded attorney’s fees and costs against 3 defendants Gypsum Resources Materials, LLC and Truckee Springs Holdings, Inc. in the amount 4 of $24,640.00 in fees and $421.00 in costs, for a total award of $25,061.00. The clerk of the court 5 is directed to enter judgment accordingly. 6 DATED this 1st day of May, 2018. 7 8 9 10 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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