Wilson et al v. A&K Rock Drilling, Inc

Filing 46

ORDER granting 45 Motion for Attorney Fees. Signed by Judge Algenon L. Marbley on 6/25/2018. (cw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
CAROL A. WILSON, et al.,

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Plaintiffs,
v.
A&K ROCK DRILLING, INC.,
Defendant.

Case No. 2:16-cv-739
JUDGE ALGENON L. MARBLEY
Magistrate Judge Jolson

OPINION AND ORDER
This matter is before the Court on the Motion for Attorneys’ Fees (ECF No. 45) of
Plaintiffs Carol A. Wilson and the Trustees of the Ohio Operating Engineers Health and Welfare
Plan, the Ohio Operating Engineers Pension Fund, the Ohio Operating Engineers Education and
Training Fund, and the Ohio Operating Engineers Apprenticeship Fund (“the Funds”). For the
following reasons, the Court GRANTS the Funds’ Motion for Attorneys’ Fees in the amount of
$35,144.00.
I.

BACKGROUND

On January 24, 2018, this Court granted Plaintiffs’ Motion for Summary Judgment and
entered a final judgment in favor of the Plaintiffs. (ECF Nos. 42 and 44). This Court awarded
Plaintiffs unpaid fringe benefit contributions, interest, and statutory interest under the Employee
Retirement Income Security Act of 1974 (“ERISA”).

Plaintiffs’ subsequent Motion for

Attorneys’ Fees was filed on February 5, 2018. (ECF. No. 45). The Defendant has not objected
to Plaintiffs’ Motion for Attorneys’ Fees.

II.

LAW & ANALYSIS

Federal Rule of Civil Procedure (FRCP) 54(d)(2) provides, in relevant part, that
(B) Unless a statute or a court order provides otherwise, the motion [for attorneys’ fees]
must:
(i) be filed no later than 14 days after the entry of judgment;
(ii) specify the judgment and the statute, rule, or other grounds entitling movant to
the award;
(iii) state the amount sought or provide a fair estimate of it; and
(iv) disclose, if the court so orders, the terms of any agreement about fees for the
services for which the claim is made
Fed. R. Civ. P. 54(d)(2)(B). Additionally, Southern District of Ohio Local Civil Rule 54.2(a)
requires that: “unless a statute or court order provides otherwise, a motion for attorney’s fees
under Fed. R. Civ. P. 54 must be filed not later than forty-five days after the entry of judgment.”
S. D. Ohio Civ. R. 54.2.
Plaintiffs submitted the Motion pursuant to 29 U.S.C. § 1132(g). The statute holds, in
relevant part:
(2) In any action under this subchapter by a fiduciary for or on behalf of a plan to enforce
section 1145 of this title in which a judgment in favor of the plan is awarded, the court
shall award the plan-*
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(D) reasonable attorneys’ fees and costs of the action, to be paid by the defendant,
and
(E) such other legal or equitable relief as the court deems appropriate.
29 U.S.C. § 1132(g). The “lodestar” approach is the proper method for determining the amount
of reasonable attorneys’ fees. See Pennsylvania v. Delaware Valley Citizen’s Council for Clean
Air, 478 U.S. 546, 563 (1986). The most useful starting point is the number of hours reasonably
expended on the litigation multiplied by a reasonable hourly rate. Hensley v. Eckerhart, 461

U.S. 424, 433 (1983). There is a “strong presumption” that this figure represents a reasonable
fee. Bldg. Serv. Local 47 Cleaning Contractors Pension Plan v. Grandview Raceway, 46 F.3d
1392, 1401 (6th Cir. 1995).
Applying these rules to the instant matter, the Court grants attorneys’ fees in the
requested amount. First, the Motion was filed timely. This Court granted Plaintiffs’ Motion for
Summary Judgment and entered a final judgment in favor of the Plaintiffs on January 24, 2018,
(ECF No. 43). The Motion for Attorneys’ Fees was filed on February 5, 2018. (ECF No. 45).
Thus, the Motion for Attorneys’ Fees was filed 12 days after a judgement was entered in favor of
the Plaintiff and is within the 14-day requirement imposed by Fed. R. Civ. P 54(d)(2)(B)(i) and
is well within the 45-day requirement imposed by the Southern District of Ohio Civil Rules
under 54.2(a).
Next, the Plaintiffs have established the basis for their Motion for Attorneys’ Fees in
relevant statutes and caselaw. Because Plaintiffs brought claims under Section 515 of ERISA to
recover delinquent fringe benefit contributions, this claim falls under 29 U.S.C. §1145, as it
involves a delinquency contribution. Consequently, 29 U.S.C. 1132(g) applies to this claim as
regards attorneys’ fees. As noted above, 29 U.S.C. § 1132(g)(2)(D) provides that if a judgement
in favor of the plaintiff is entered in a 29 U.S.C. § 1145 case, reasonable attorneys’ fees and
other costs of action will be paid by the defendant. 29 U.S.C. § 1132(g)(2).
Finally, the Motion states the amount of fees requested, and the Court finds the fees to be
reasonable. Trial Attorney for the Plaintiffs, Daniel J. Clark, partner with the law firm of Vorys,
Sater, Seymour and Pease LLP (the “Vorys”), provided an Affidavit indicating billing entries
that detailed the services performed and corresponding amounts billed to Plaintiffs by Vorys.
(ECF. No. 45-1). The fees were calculated by multiplying the number of hours worked by the

firm rates. Clark, having litigated cases of this nature for approximately fifteen years, declared
under penalty of perjury that the time spent by Vorys on Plaintiffs’ case, as well as the charges
for attorneys’ fees, were reasonable in his view. (Id.). Upon review of the Motion and Affidavit,
and in the absence of objection, the Court finds that the attorneys’ fees requested by Plaintiffs are
reasonable and should be awarded.
IV.

CONCLUSION

For the foregoing reasons, the Court hereby GRANTS the Plaintiffs’ Motion for
Attorneys’ Fees and AWARDS fees in the amount of $35,144.00.

IT IS SO ORDERED.
s/Algenon L. Marbley_________________
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: June 25, 2018