City of Cowan, Tennessee v. City of Winchester, TN

Filing 55

MEMORANDUM AND ORDER: Plaintiff's unopposed motion for reasonable attorneys' fees and expenses [Doc. 48 ] is GRANTED. The City of Cowan is AWARDED sixty-three thousand eight hundred forty-eight dollars and twenty-four cents ($63,848.24) in attorneys' fees and costs. Signed by District Judge Thomas W Phillips on 10/21/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER
CITY OF COWAN, TENNESSEE,

)
)
Plaintiff,
)
)
v.
)
)
CITY OF WINCHESTER,
)
TENNESSEE, and BOARD OF
)
PUBLIC UTILITIES OF THE CITY
)
OF WINCHESTER d/b/a WINCHESTER)
UTILITY SYSTEM,
)

No. 4:14-CV-055
Phillips

MEMORANDUM AND ORDER
Pursuant to 42 U.S.C. § 1988 and Fed. R. Civ. P. 54, the City of Cowan has filed a
motion for reasonable attorneys’ fees and expenses [Doc. 48] following this Court’s entry
of judgment in favor of the City of Cowan on its claims under 7 U.S.C. § 1926(b) and 42
U.S.C. § 1983 [Doc. 46]. The City of Cowan has filed a memorandum in support of the
motion for attorney fees with the supporting declarations and exhibits of Benjamin A.
Gastel and Professor Dean Hill Rivkin [Doc. 49]. No response or opposition to the
pending motion has been filed and the time for doing so has long passed. See E.D. Tenn.
L.R. 7.1(a), 7.2.
Pursuant to 42 U.S.C. § 1988(b), a “prevailing party” may recover reasonable
attorneys’ fees and expenses to enforce rights pursuant to 42 U.S.C. § 1983. This Court
concluded that the City of Cowan was entitled to judgment as a matter of law as to its §
1983 claim for violation of rights protected by 7 U.S.C. § 1926(b) [Doc. 45 at p. 21].

Accordingly, the City of Cowan succeeded on a significant issue in the litigation which
achieved some of the benefit sought in bringing this lawsuit and is the prevailing party.
Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). The plaintiff’s motion carefully and
accurately sets forth the lodestar calculation, i.e., the number of hours reasonably
expended on the litigation multiplied by a reasonable hourly rate. Id.; Wayne v. Village
of Sebring, 36 F.3d 517, 531 (6th Cir. 1994). The Court finds that the hourly rates
charged by the attorneys for the City of Cowan are reasonable in light of the prevailing
market rates within this district for lawyers with comparable skill and experience.
Adcock-Ladd v. Secretary of Treasury, 227 F.3d 343, 350 (6th Cir. 2000). Upon review
of the billing records submitted with Mr. Gastel’s declaration, the Court further finds that
the number of hours expended is reasonable and does not include excessive, redundant,
or otherwise unnecessary hours. Village of Sebring, 36 F.3d at 531 (citing Hensley, 461
U.S. at 434). Finally, the Court finds that the requested costs and fees for preparing the
fee petition are reasonable.
Accordingly, plaintiff’s unopposed motion for reasonable attorneys’ fees and
expenses [Doc. 48] is GRANTED. The City of Cowan is AWARDED sixty-three
thousand eight hundred forty-eight dollars and twenty-four cents ($63,848.24) in
attorneys’ fees and costs.
IT IS SO ORDERED.

s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE
2