Capital Development Affiliates LLC v. Thigpen

Filing 126

OPINION AND ORDER by Magistrate Judge Frank H McCarthy , setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 10/15/2018, Responses due by 10/29/2018, Replies due by 11/5/2018) (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
CAPITAL DEVELOPMENT AFFILIATES
LLC,
Plaintiff,
vs.

Case No. 17-CV-426-CVE-FHM

ZEALAND BENJAMIN THIGPEN, III,
Defendant.
OPINION AND ORDER
Plaintiff’s Motion for Attorney Fees, [Dkt. 50] is before the court. Defendant objects
to the motion on the basis that the billing records are redacted and cannot be properly
evaluated.
In the Tenth Circuit the number of hours for which an attorney fee award is
requested must be proven “by submitting meticulous, contemporaneous time records that
reveal, for each lawyer for whom fees are sought, all hours for which compensation is
requested and how those hours were 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). Plaintiff’s redacted billing entries fail
to meet this standard. Defendant and the court are entitled to review the billing entries for
which compensation is requested.
On or before October 15, 2018, Plaintiff is required to submit an amended Motion
for Attorney Fees which either omits the redacted entries from the fee request or contains
an explanation of the activity performed and how the time was allotted to specific tasks.
To the extent the legal theories and mental impressions of counsel have not been revealed
in this litigation, Plaintiff may redact those portions of billing entries which unnecessarily

reveal the legal theories and mental impressions of counsel. However, each redaction
should be carefully considered in light of the requirements cited above. Furthermore, even
if some of the descriptive text is redacted, the attorney name, time spent, and hourly rate
must be provided if Plaintiff is seeking a fee award for the time.
Defendant’s response to the amended motion is due on or before October 29, 2018.
Plaintiff may file a reply on or before November 5, 2018.
The request contained in Defendant’s objection filed April 23, 2018, [Dkt. 80], that
the application for fees be held in abeyance until the appeal to the Tenth Circuit has been
heard is denied.
SO ORDERED this 1st day of October, 2018.

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