Semenyuk et al v. Zagrebelny et al

Filing 14

ORDER ON FEES AND COSTS by U.S. District Judge John C Coughenour. (RS) Modified on 2/13/2017/ CC Zagrebelny (RS).

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VICTOR SEMENYUK,

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CASE NO. C16-1897-JCC
Plaintiff,

ORDER ON FEES AND COSTS

v.
TATYANA ZAGREBELNY, et al.,

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Defendants.

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This matter comes before the Court on Plaintiff’s supplemental declaration for fees (Dkt.

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No. 12), as requested by the Court (Dkt. No. 11 at 3). Attorney fees and costs for bringing a

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motion to remand are recoverable pursuant to 28 U.S.C. § 1447(c) where the removing party

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“lacked an objectively reasonable basis for seeking removal.” Martin v. Franklin Capitol Corp.,

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546 U.S. 132, 141 (2005). The Court has already determined removal was objectively

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unreasonable for numerous reasons. (Dkt. No. 11 at 2.) Plaintiff’s counsel submits that she spent

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a total of 22 hours working on the motion to remand and her hourly billing rate is $175 per hour.

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(Dkt. No. 12 at 2.)

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First, the Court must determine whether the requested number of hours is the same

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number of hours that reasonably competent counsel would have billed. Albion Pac. Prop. Res.,

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LLC v. Seligman, 329 F. Supp. 2d 1163, 1169 (N.D. Cal. 2004). “If the requested number of

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hours is greater than the number of hours reasonably competent counsel would have billed, then

ORDER ON FEES AND COSTS
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the Court should reduce the requested number of hours accordingly.” Id. (citing Hensley v.

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Eckerhart, 461 U.S. 424, 434 (1983) (holding courts should exclude “excessive, redundant, or

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otherwise unnecessary” hours)). The Court concludes that the number of hours requested is

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unreasonable and duplicative. For example, Plaintiff’s counsel states that she spent 6 hours

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preparing the remand motion and 6 hours working on the remand motion. (Dkt. No. 12 at 2.)

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Moreover, 22 hours seems excessive considering the obvious and blatant removal issues on the

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face of the complaint. Therefore, because Plaintiff’s counsel billed an unreasonable number of

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hours on this motion to remand, the Court reduces the requested hours to 11 hours. Second, the

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Court must determine a reasonable hourly rate. Albion, 329 F. Supp. 2d at 1169. The Court

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concludes that $175 per hour is reasonable.
Consequently, based on an hourly rate of $175 for 11 billable hours, attorney fees total

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$1,925. The Court also awards $129.50 for additional costs that were incurred for delivery of the

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remand motion to Defendants. Therefore, Plaintiff is AWARDED $2,054.50 in attorney fees and

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costs for bringing the motion to remand.

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DATED this 13th day of February 2017.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER ON FEES AND COSTS
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