Johnson v. Love, Beal & Nixon et al

Filing 61

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; terminating attorney Victor R Wandres ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 2/14/2014, Responses due by 3/7/2014, Replies due by 3/14/2014); granting 53 Motion to Withdraw Attorney(s) (Re: 50 MOTION for Attorney Fees and Costs ) (kjp, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
JIM D. JOHNSON, and AMY JOHNSON,
Plaintiff,
vs.

Case No.13-CV-129-CVE-FHM

LOVE, BEAL & NIXON, P.C. and
INFINITY ASSET ACCEPTANCE, LLC,
Defendants.
OPINION AND ORDER
The Motion to Withdraw Attorney filed by Plaintiffs’ attorney Victor R. Wandres, [Dkt.
53], has been referred to the undersigned United States Magistrate Judge for decision.
Mr. Wandres asks to be permitted to withdraw as counsel of record for Plaintiffs and
that Plaintiffs be allowed 30 days additional time to secure alternative counsel to respond
to the pending motion for attorney fees and costs.

Plaintiffs have filed entries of

appearances which indicates Plaintiffs approve of counsel’s withdrawal and that they
intend to proceed pro se. [Dkt. 58, 59].
The court notes that the motion for attorney fees filed by Defendant Love, Beal and
Nixon, [Dkt. 50], is deficient. The motion for fees recounts the litigation history between
the parties, but does not contain any information about the basis for calculating any award
of fees. That is, Defendant did not submit an affidavit, any billing records, or a statement
of the hourly rate for counsel as required by LCvR 55.1.1 On or before February 14th,

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The court calculates a reasonable attorney fee by m ultiplying the reasonable num ber of hours spent
on the litigation by a reasonable hourly rate. The burden of proving the num ber of hours and rate is on the
applicant for fees. Malloy vs. Monahan, 73 F.3d 1012, 1017-18 (10th Cir. 1996). The num ber of hours
requested m ust be proven “by subm itting m eticulous, contem poraneous tim e records that reveal, for each
lawyer for whom fees are sought, all hours for which com pensation is requested and how those hours were

2014, Defendants may file an amended motion for fees which contains the missing
information about the number of hours and rates requested and otherwise complies with
LCvR 54.2.
Plaintiffs are hereby advised that, regardless of whether they have obtained
counsel, their response to Defendant’s amended motion for fees is due on or before March 7,
2014. Plaintiffs are further advised that the failure to file a response may result in the
motion for attorneys fees and costs being deemed confessed.
Defendant’s reply brief, if any, is due on or before March 14, 2014.
The Motion to Withdraw Attorney filed by Plaintiffs’ attorney Victor R. Wandres, [Dkt.
53], is GRANTED.
The following deadlines apply: Defendant’s amended motion for attorney fees is
due on or before February 14, 2014; Plaintiffs’ response is due by March 7, 2014;
Defendant’s reply, if any is due by March 14, 2014.
SO ORDERED this 31st day of January, 2014.

allotted to specific tasks.” Case v. Unified School District No. 233, Johnson County, Kansas, 157 F.3d
1243,1250 (10th Cir. 1998) citing Ramos v. Lamm, 713 F.2d 546, 552 (10th Cir. 1983).

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