Gragert v. Henderick et al

Filing 136

ORDER granting 129 Plaintiff's Motion for Reconsideration. Signed by Honorable Robin J. Cauthron on 11/12/14. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LOUISE GRAGERT, Administrator
of the Estate of George Louis Gragert,
a/k/a George Gragert,
Plaintiff,
vs.
ED LAKE, Director of Oklahoma
Department of Human Services; and
JOEL NICO GOMEZ, Director of
Oklahoma Health Care Authority,
Defendants.

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Case Number CIV-11-984-C

MEMORANDUM OPINION AND ORDER
Plaintiff has filed a Motion to Reconsider, requesting the Court to revisit its decision
on her request for attorneys’ fees for work on Defendant’s Motion to Reconsider. In support,
Plaintiff notes her earlier application, which the Court denied as excessive, erroneously
included billing for unrelated time. Plaintiff asserts she has revised her request to include
only time spent on Defendant’s Motion to Reconsider and other post-judgment filings.
Plaintiff states her request seeks $6,722.50.
Although the time for response has passed, neither Defendant has responded nor
sought additional time to respond. Accordingly, the Court will accept Plaintiff’s well
supported factual allegations as true. However, the obligation to award only a reasonable fee
remains.

The Court has previously approved the hourly rates sought by Plaintiff and there is
no reason to revisit that issue here. Thus, the remaining task is to consider the time records
and ensure that the tasks performed are properly considered as compensable and that the time
spent was reasonable. After that review, the Court finds Plaintiff shall recover $3,595.00 in
fees. The reduction from the amount sought by Plaintiff is the result of reductions for
excessive time spent on certain tasks, unnecessary billing by more than one attorney, and
inclusion of time for tasks that are not compensable.
As set forth more fully herein, Plaintiff’s Motion to Reconsider (Dkt. No. 129) is
GRANTED. Plaintiff is awarded attorneys’ fees in the amount of $3,595.00.
IT IS SO ORDERED this 12th day of November, 2014.

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