Hirsi v. The Hertz Corporation

Filing 59

ORDER granting Plaintiff's 50 Motion for Attorney's Fees, Costs and Class Representatives Incentive Award. Signed by Judge Robert S. Lasnik. (PM)

The Honorable Robert Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Case No. 2:16-cv-00333 RSL

HASSAN HIRSI, an individual,
Plaintiff,
v.
THE HERTZ CORPORATION, a Delaware
corporation, HERTZ TRANSPORTING, INC, a
Delaware corporation, FIREFLY RENT A CAR
LLC, a Delaware company and DTG
OPERATIONS, INC., an Oklahoma
corporation,
Defendants.

ORDER GRANTING PLAINTIFF’S
MOTION FOR ATTORNEY’S FEES,
COSTS AND CLASS
REPRESENTATIVE’S INCENTIVE
AWARD

WHEREAS, Plaintiff has submitted authority and evidence supporting Plaintiff’s Motion
for Attorney’s Fees, Costs and Class Representative’s Incentive Award; and
WHEREAS, the Court, having considered the pleadings on file and being fully advised,
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

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the same meaning as set forth in the Plaintiff’s Motion for Attorney’s Fees, Costs and Class

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Representative Incentive Award.

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2.

The Court having appointed Badgley Mullins Turner, PLLC and the Law Offices

of Daniel Whitmore as Class Counsel.
3.

Class Counsel has requested the Court award $96,074.20, an amount equal to

ORDER GRANTING PLAINTIFF’S MOTION FOR
ATTORNEY’S FEES, COSTS AND CLASS
REPRESENTATIVE’S INCENTIVE AWARD - 1
2:16-cv-00333 RSL

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC

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Defendants The Hertz Corporation, Hertz Transporting, Inc., Firefly Rent-A-Car, LLC, and DTG

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Operations, Inc. (collectively, “Hertz” or “Defendants”)’s contribution towards Class Counsel’s

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attorney’s fees.

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4.

These requested attorney’s fees are fair and reasonable under RCW 49.48.030 and

the Ordinance (“SeaTac Municipal Code Chapter 7.45”). The Court reaches this conclusion after
analyzing: (1) the results Class Counsel achieved; (2) Class Counsels’ risk in this litigation; (3)
the complexity of the issues presented; (4) the hours Class Counsel worked on the case; (5) Class

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Counsels’ hourly rate; (6) the contingent nature of the fee; and (7) awards made in similar cases.
5.

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Class Counsel has submitted authority and declarations to support the Court’s

lodestar cross-check.
6.

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Class Counsel reasonably expended more than 259.36 hours on the investigation,

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preparation, filing, and settlement of Plaintiff’s claims. Their detailed time records are based on

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contemporaneous records of hours worked. Class Counsel exercised billing judgment and billed

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efficiently.

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7.

Class Counsels’ hourly rates - $565.00 for Duncan Turner, $495.00 for Daniel

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Whitmore, and $310.00 for Mark Trivett – are reasonable hourly rates considering their
individual “experience, skill, and reputation,” see Trevino v. Gates, 99 F.3d 911, 924 (9th Cir.

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1996) and the prevailing market rates in this jurisdiction. See Blum v. Stenson, 465 U.S. 886, 895

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(1984).

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8.

Applying these rates to the number of hours reasonable expended in litigation,

Class Counsels’ lodestar is approximately $97,718.96. This lodestar reflects work and expenses
that were reasonable and necessarily expended on the pursuing Plaintiff’s claim and that are
estimated to occur in concluding the case.

ORDER GRANTING PLAINTIFF’S MOTION FOR
ATTORNEY’S FEES, COSTS AND CLASS
REPRESENTATIVE’S INCENTIVE AWARD - 2
2:16-cv-00333 RSL

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC

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9.

Here, Plaintiff pursued the action under a remedial Washington employment

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statute and a local minimum wage ordinance. Class Counsel pursued this action on a contingency

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fee basis and assumed the risk that if they were unsuccessful, they would receive no

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compensation for their work on the certified questions or settlement negotiations. This action

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was one of the first to seek recovery of wages owed under the Ordinance, and thus, the potential

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existed for a long and protracted litigation as the Court addressed novel legal issues.
10.

Class Counsel performed high-quality work, resulting in an extremely favorable

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collective settlement for Class Members. Class Members recovered the entirety of their owed
wages arising under the Ordinance with interest. This is an excellent result for the Class.
11.

Defendants agreed to pay Settlement Amount of Six Hundred Forty Thousand,

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Four Hundred Ninety-Four Dollars, and Sixty-Seven Cents ($640,494.67) to the Class Members,

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inclusive of any attorney’s fees and costs. The litigation expenses and settlement notice and

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administration fees and costs incurred by Class Counsel were reasonable, necessary, and

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appropriately documented in the declarations filed by Class Counsel.
12.

This Court also award $1,000.00 to Plaintiff Hassan Hirsi as an incentive award

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for serving as the class representative.
13.

Based on the foregoing findings and analysis, the Court awards Class Counsel

$96,074.20 in attorney’s fees.

Dated this 4th day of December, 2018.

A S. LASNIK
HONORABLE ROBERT

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ORDER GRANTING PLAINTIFF’S MOTION FOR
ATTORNEY’S FEES, COSTS AND CLASS
REPRESENTATIVE’S INCENTIVE AWARD - 3
2:16-cv-00333 RSL

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC

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PRESENTED BY:
BADGLEY MULLINS TURNER PLLC
/s/ Duncan C. Turner
Duncan C. Turner, WSBA # 20597
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Class

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LAW OFFICE OF DANIEL R. WHITMORE

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/s/ Daniel R. Whitmore
Daniel R. Whitmore, WSBA #24012
2626 15th Avenue West, Suite 200
Seattle, WA 98119
Telephone: [phone]
Facsimile: (206) 329-84001
Email: [e-mail]
Attorneys for Plaintiff and Class

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ORDER GRANTING PLAINTIFF’S MOTION FOR
ATTORNEY’S FEES, COSTS AND CLASS
REPRESENTATIVE’S INCENTIVE AWARD - 4
2:16-cv-00333 RSL

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC