Brown v. Elliot et al

Filing 61

ORDER: Plaintiff is awarded attorney's fees against the defendants in the amount of $11,550.00. Signed by Magistrate Judge Paige J. Gossett on 9/30/2016. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Arlean K. Brown, as the Personal
Representative of Melvin K. Lawhorn,

)
)
)
Plaintiff,
)
)
v.
)
)
Brian Elliot; Jim Matthews, both individually )
and in his official capacity as the Sheriff of
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Kershaw County; Kershaw County Sheriff’s
)
Office; and Kershaw County,
)
)
Defendants.
)
_____________________________________ )

C/A No. 3:14-1188-JMC-PJG

ORDER

This matter is before the court for review of the plaintiff’s affidavit of fees (ECF No. 51)
submitted in response to the court’s July 20, 2016 Order granting in part plaintiff’s motion for
sanctions (ECF No. 44). In its Order, the court directed the plaintiff to submit an affidavit detailing
the attorney’s fees and costs incurred in connection with pursuing the plaintiff’s motion for default
judgment.
It is well established that the allowance of attorney’s fees is within a judge’s discretion. See
Barber v. Kimbrell’s, Inc., 577 F.2d 216, 226 (4th Cir. 1978). Generally, in calculating an
appropriate attorney’s fee award, the court begins with the lodestar amount, that is, “the number of
hours reasonably expended . . . multiplied by a reasonable hourly rate.” Hensley v. Eckerhart, 461
U.S. 424, 433 (1983). When an attorney has met his burden of showing that the requested rate and
number of hours are reasonable, the resulting product is presumed to be a reasonable fee. See Blum
v. Stenson, 465 U.S. 886, 887 (1984). In determining whether any adjustment to this calculation is

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necessary, the court may consider twelve factors originally established in Johnson v. Georgia
Highway Express, Inc., 488 F.2d 714 (5th Cir.1974), and adopted by the United States Court of
Appeals for the Fourth Circuit in Barber v. Kimbrell’s, Inc., 577 F.2d 216 (4th Cir. 1978). These
factors include:
(1) the time and labor expended; (2) the novelty and difficulty of the questions raised;
(3) the skill required to properly perform the legal services rendered; (4) the
attorney’s opportunity costs in pressing the instant litigation; (5) the customary fee
for like work; (6) the attorney’s expectations at the outset of the litigation; (7) the
time limitations imposed by the client or circumstances; (8) the amount in
controversy and the results obtained; (9) the experience, reputation and ability of the
attorney; (10) the undesirability of the case within the legal community in which the
suit arose; (11) the nature and length of the professional relationship between
attorney and client; and (12) attorneys’ fees awards in similar cases.
Barber, 577 F. 2d at n.28.
The plaintiff’s attorney has submitted an affidavit in which he requests attorney’s fees
incurred from preparing and filing the plaintiff’s motion for default judgment in the amount of
$11,550.00, which is calculated based on 42 hours of time at a rate of $275 per hour.1 (Aff. of
Att’y’s Fees ¶ 18, ECF No. 51 at 3.) The plaintiff’s attorney justifies the time required to prepare
the motion by explaining that the motion was lengthy, contained over one hundred pages of
annotated exhibits, and necessitated a reply brief that also contained annotated exhibits. (Id. ¶¶ 8-13,
ECF No. 51- at 2.) Additionally, the plaintiff’s attorney details his sixteen years of legal experience
and avers that his requested hourly rate is reasonable given his experience and the nature of the case.
(Id. ¶¶ 2-7, 14-15, 17, ECF No. 51 at 1-3.) The defendants have filed no objection to the amount

1

The plaintiff’s attorney does not specify or request costs associated with filing the motion
for default judgment and waives paralegal time.
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requested for attorney’s fees and have not challenged either the hourly rate requested or the
reasonableness of the hours expended.
Accordingly, based on the foregoing factors and the information before the court, the court
finds the sum of $11,5550.00 for attorney’s fees to be reasonable. It is therefore
ORDERED that the plaintiff is awarded attorney’s fees against the defendants in the amount
of $11,550.00.
IT IS SO ORDERED.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
September 30, 2016
Columbia, South Carolina

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