Murphy v. ABA Ranch, LLC et al
Filing
57
MEMORANDUM OPINION AND ORDER. Plaintiff's request for attorney's fees is GRANTED and Defendant ABA Ranch, LLC is ORDERED to pay the sum of $7,337.50 in attorney's fees to Plaintiff. Signed by District Judge Amos L. Mazzant, III on 8/29/2019. (rpc, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
FELICIA MURPHY,
Plaintiff,
v.
ABA RANCH, LLC,
Defendant.
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Civil Action No. 4:17-CV-00215
Judge Mazzant
MEMORANDUM OPINION AND ORDER
Pending before the Court is Plaintiff Felicia Murphy’s Amended Declaration in Support of
Attorney’s Fees and Costs and Itemized Billing Statement (Dkt. #55). Having considered the
relevant pleadings and motions, the Court finds the motion should be GRANTED.
BACKGROUND
On August 2, 2018, the Court granted Plaintiff’s motion for default judgment, awarded
Plaintiff damages, and ordered Plaintiff to submit documentation indicating the hours and billing
records of time spent by her attorney on each task (Dkt. #54). On August 9, 2018, Plaintiff
submitted Amended Declaration in Support of Attorney’s Fees and Costs and Itemized Billing
Statement in response to the Court’s August 2 order (Dkt. #55).
LEGAL STANDARD
Attorneys’ fees and costs are recoverable under the FLSA. 29 U.S.C. § 216(b) (2017).
Courts use the lodestar method to calculate reasonable attorney’s fees. Black v. SettlePou, P.C.,
732 F.3d 492, 502 (5th Cir. 2013). The lodestar is calculated by multiplying the number of hours
an attorney spent on the case by an appropriate hourly rate. Id. at 502. A reasonable hourly rate
is the “prevailing market rate in the relevant legal community for similar services by lawyers of
reasonably comparable skills, experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895–
96 n.11 (1984)). The relevant legal community is the community where the district court sits. See
Tollett v. City of Kemah, 285 F.3d 357, 368 (5th Cir. 2002). The lodestar is presumptively
reasonable. Watkins v. Fordice, 7 F.3d 453, 457 (5th Cir. 1993).
The party seeking attorneys’ fees must present adequately recorded time records. Watkins,
7 F.3d at 457. The Court should use this time as a benchmark and then exclude any time that is
excessive, duplicative, unnecessary, or inadequately documented. Id. The hours remaining are
those reasonably expended. Id.
The Court then considers whether the circumstances warrant a lodestar adjustment. Migis
v. Pearle Vision, Inc., 135 F.3d 1041, 1047 (5th Cir. 1998). In making any adjustment, the Court
considers twelve Johnson factors. Id. (citing Johnson v. Ga. Highway Express, Inc., 488 F.2d
714, 717–19 (5th Cir. 1974)). The Johnson factors are:
(1) time and labor required; (2) novelty and difficulty of issues; (3) skill required;
(4) loss of other employment in taking the case; (5) customary fee; (6) whether the
fee is fixed or contingent; (7) time limitations imposed by client or circumstances;
(8) amount involved and results obtained; (9) counsel's experience, reputation, and
ability; (10) case undesirability; (11) nature and length of relationship with the
client; and (12) awards in similar cases.
Id. (citing Johnson, 488 F.2d at 717–19).
The most critical factor in determining reasonableness is the degree of success obtained.
Hensley v. Eckerhart, 461 U.S. 424, 436 (1983). “Many of these factors usually are subsumed
within the initial calculation of hours reasonably expended at a reasonable hourly rate and should
not be double-counted.” Jason D.W. v. Houston Indep. Sch. Dist., 158 F.3d 205, 209 (5th Cir.
1998) (internal citations omitted). Three of the Johnson factors––complexity of the issues, results
obtained, and preclusion of other employment––are fully reflected in the lodestar amount.
Heidtman v. Cty. of El Paso, 171 F.3d 1038, 1043 (5th Cir. 1999). “[T]he court should give special
heed to the time and labor involved, the customary fee, the amount involved and the result
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obtained, and the experience, reputation and ability of counsel.” Migis, 135 F.3d at 1047 (citation
omitted).
ANALYSIS
Plaintiff asks the Court to award it $7,337.50 in attorneys’ fees. In support, Plaintiff
provided the affidavit of its lead counsel, Douglas Welmaker (Dkt. #55-1), as well as an itemized
billing schedule detailing Mr. Welmaker’s hourly rate and time spent on each task (Dkt. #55-2).
Based on Plaintiff’s itemized billing statement, the Court calculated the lodestar by
multiplying the number of hours Mr. Welmaker worked, less a reasonable reduction (26.1 – 7.7 =
18.5). It then multiplied this total by Mr. Welmaker’s hourly rate ($425.00) to arrive at the lodestar
($7,337.50).
Next, the Court considered the Johnson factors to determine whether an adjustment of the
lodestar was warranted. After careful consideration, the Court finds that no adjustment of the
lodestar was warranted here. The Court finds that Mr. Welmaker’s fee was reasonable in light of
the prevailing market rate in the community in which the Court sits and that, looking at the nature
of the case in its entirety, the time and effort spent by Mr. Welmaker was fair, reasonable, and not
excessive, duplicative, or unnecessary.
CONCLUSION
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For the foregoing reasons, Plaintiff’s request for attorney’s fees is GRANTED and
Defendant ABA Ranch, LLC is ORDERED to pay the sum of $7,337.50 in attorney’s fees to
Plaintiff.
IT IS SO ORDERED.
SIGNED this 29th day of August, 2019.
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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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