Hufune et al v. Bags, Inc.
Filing
29
ORDER Granting 23 Motion For Award of Attorney's Fees and Expenses, by Judge Robert S. Lasnik. (KERR)
1
The Honorable Robert Lasnik
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
10
YASIN HUFUNE, an individual, and
SAMATAR ABDI, an individual,
11
12
13
Plaintiffs,
v.
Case No. 2:16-cv-265 RSL
ORDER GRANTING PLAINTIFF’S
MOTION FOR AWARD OF
ATTORNEY’S FEES AND
EXPENSES
BAGS, INC., a foreign corporation,
14
Defendants.
15
16
17
WHEREAS, Plaintiffs’ have submitted authority and evidence supporting their Motion
for Award of Attorney’s Fees and Expenses; and
18
WHEREAS, the Court, having considered the pleadings on file and being fully advised,
19
20
21
22
23
finds that good cause exists for entry of the Order below; now, therefore,
IT IS HEREBY FOUND, ORDERED, ADJUDGED, AND DECREED THAT:
1.
Unless otherwise provided herein, all capitalized terms in this Order shall have
the same meaning as set forth in the Plaintiff’s Motion for Attorney’s Fees and Expenses.
24
25
26
ORDER GRANTING PLAINTIFF’S MOTION FOR
AWARD OF ATTORNEY’S FEES AND EXPENSES- 1
2:16-cv-00265
BADGLEY MULLINS TURNER
1992 9 Balling er Wa y NE, Su it e 2 00
S eat t le, WA 9 8 1 5 5
TEL 206.621.6566
FAX 206.621.9686
PLLC
2.
1
2
The Court having appointed Badgley Mullins Turner, PLLC and the Law Offices
of Daniel Whitmore as Class Counsel.
3.
3
Class Counsel has requested the Court calculate their award using the
4
percentage-of-the-fund method. Class Counsel request the Court award 3.6% of the common
5
fund as attorney’s fees and expenses ($91,858.14.)
6
7
4.
These requested attorney’s fees are fair and reasonable under RCW 49.48.030
and the Ordinance (“SeaTac Municipal Code Chapter 7.45”) based on the percentage-of-the-
8
fund method. The Court reaches this conclusion after analyzing: (1) the results Class Counsel
9
10
achieved; (2) Class Counsel’s risk in this litigation; (3) the complexity of the issues presented;
11
(4) the hours Class Counsel worked on the case; (5) Class Counsel’s hourly rate; (6) the
12
contingent nature of the fee; and (7) awards made in similar cases.
13
14
5.
Class Counsel has submitted authority and declarations to support the Court’s
lodestar cross-check.
15
6.
Class Counsel reasonably expended more than sixty-seven hours on the
16
investigation, preparation, filing, mediation, and settlement of Plaintiff’s Claims. Their detailed
17
18
19
time records are based on contemporaneous records of hours worked. Class Counsel exercised
billing judgment and billed efficiently.
7.
20
Class Counsel’s hourly rates - $565.00 for Duncan Turner, $495.00 for Daniel
21
Whitmore, and $310.00 for Mark Trivett – are reasonable hourly rates considering their
22
individual “experience, skill, and reputation,” see Trevino v. Gates, 99 F.3d 911, 924 (9th Cir.
23
1996) and the prevailing market rates in this District. See Blum v. Stenson, 465 U.S. 886, 895
24
(1984).
25
26
ORDER GRANTING PLAINTIFF’S MOTION FOR
AWARD OF ATTORNEY’S FEES AND EXPENSES- 2
2:16-cv-00265
BADGLEY MULLINS TURNER
1992 9 Balling er Wa y NE, Su it e 2 00
S eat t le, WA 9 8 1 5 5
TEL 206.621.6566
FAX 206.621.9686
PLLC
1
8.
Applying these rates to the number of hours reasonable expended in litigation,
2
Class Counsel’s lodestar is approximately $45,975.08. This lodestar reflects work and expenses
3
that was reasonable and necessarily expended on the pursuing Plaintiffs’ claims and that are
4
estimated to occur in concluding the case. Plaintiffs’ percentage-of-the-fund request represents a
5
lodestar multiplier of 2.0.
6
7
9.
Based on the risk Class Counsel faced in litigating the certified questions and the
quality of the work they performed, this Court finds a lodestar multiplier of approximately 2.0 is
8
fair and reasonable.
9
10
10.
A lodestar multiplier is appropriate in this case based on the risk factor. See
11
Carlson v. Lake Chelan Cmty. Hosp., 116 Wn. App. 718, 742-43, 75 P.3d 533 (2003) (affirming
12
application of 1.5 multiplier to lodestar); Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1052-54
13
(9th Cir. 2002) (approving multiplier of 3.65); Steiner v. Am. Broad. Co., 248 Fed. Appx. 780,
14
783 (9th Cir. 2007) (approving multiplier of 6.85), Craft v. Cnty. of San Bernardino, 624 F.
15
Supp. 2d 1113, 1125 (C.D. Cal. 2008) (approving multiplier of 5.2 and stating “there is ample
16
authority for such awards resulting in multipliers in this range or higher.” Here, Plaintiffs
17
18
19
pursued the action under a remedial Washington employment statute and a local minimum wage
ordinance. Class Counsel pursued this action on a contingency fee basis and assumed the risk
20
that if they were unsuccessful, they would receive no compensation for their work on the
21
certified questions or settlement negotiations. This action was one of the first to seek recovery
22
of wages owed under the Ordinance, and thus, the potential existed for a long and protracted
23
litigation as the Court addressed novel legal issues.
24
11.
In addition, a lodestar multiplier is appropriate based on the quality of work
25
performed by Class Counsel. Class Counsel performed high-quality work, resulting in an
26
ORDER GRANTING PLAINTIFF’S MOTION FOR
AWARD OF ATTORNEY’S FEES AND EXPENSES- 3
2:16-cv-00265
BADGLEY MULLINS TURNER
1992 9 Balling er Wa y NE, Su it e 2 00
S eat t le, WA 9 8 1 5 5
TEL 206.621.6566
FAX 206.621.9686
PLLC
1
extremely favorable collective settlement for Class Members. Class Members recovered the
2
entirety of their owed wages arising under the Ordinance with interest. This is an excellent
3
result for the Class.
4
12.
5
6
7
Defendant agreed to pay $300,000 to the Class Members, inclusive of any
attorney’s fees and costs. This is in addition to the $2,251,615.00 previously paid as result of
Plaintiffs filing this action. The litigation expenses and settlement notice and administration fees
and costs incurred by Class Counsel were reasonable, necessary, and appropriately documented
8
in the declarations filed by Class Counsel.
9
10
11
12
13.
This Court also awards $1,000.00 to each Plaintiff as an incentive award.
14.
Based on the foregoing findings and analysis, the Court awards Class Counsel
$91,858.14 in attorney’s fees.
13
14
IT IS SO ORDERED
15
Dated this 2nd day of March, 2017.
16
17
A
18
Robert S. Lasnik
United States District Judge
19
20
21
22
23
24
25
26
ORDER GRANTING PLAINTIFF’S MOTION FOR
AWARD OF ATTORNEY’S FEES AND EXPENSES- 4
2:16-cv-00265
BADGLEY MULLINS TURNER
1992 9 Balling er Wa y NE, Su it e 2 00
S eat t le, WA 9 8 1 5 5
TEL 206.621.6566
FAX 206.621.9686
PLLC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?