Holland et al v. Karla Coal, Inc.

Filing 14

MEMORANDUM OPINION AND ORDER granting Plaintiffs' 13 MOTION for Attorney Fees and Costs in the amount of $1,045.00. Signed by Judge David A. Faber on 3/28/2013. (cc: counsel of record and defendant at last known address) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
IN BLUEFIELD
MICHAEL H. HOLLAND, MICHAEL W.
BUCKNER, DANIEL L. FASSIO and
MORRIS D. FEIBUSCH as Trustees
of the UNITED MINE WORKERS OF
AMERICA 1993 BENEFIT PLAN,
Plaintiffs,
v.

Civil Action No. 1:12-00636

KARLA COAL, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending before the court is Plaintiffs’ Motion for Judgment
for Attorney Fees and Costs.

Doc. No. 13.

For the following

reasons, the court GRANTS Plaintiffs’ motion and ORDERS
Defendant to pay Plaintiffs the amount of $1045.00.
Discussion
On January 31, 2013, by Memorandum Opinion and Order and
final Judgment Order entered the same day, the court granted
Plaintiffs’ Motion for Default Judgment pursuant to Rule
55(b)(2) of the Federal Rules of Civil Procedure.
& 12.

Doc. Nos. 11

The court also ordered

pursuant to 29 U.S.C. § 1132(g)(2)(D), that the Plaintiffs
shall have 30 days from the entry of [the January 31, 2013
Order] to file a motion and affidavit with the court
seeking a judgment for attorney fees and costs.

Doc. No. 11, at 3.

Plaintiffs timely filed the instant motion

on February 4, 2013, along with an affidavit detailing the
attorney’s fees and costs incurred by prosecuting this action.
See Doc. 13-1.
After reviewing the instant motion and its accompanying
affidavit, the court finds that the attorney’s fees and costs
claimed therein are reasonable under 29 U.S.C. § 1132(g)(2)(D).
See DeVito v. Hempstead China Shop, Inc., 831 F. Supp. 1037,
1043 (E.D.N.Y. 1993)(stating that “determination of a reasonable
fee award under Section 1132(g)(2)(D) of ERISA lies within the
sound discretion of the district judge.”); see also Bldg. Serv.
Local 47 Cleaning Contractors Pension Plan v. Grandview Raceway,
46 F.3d 1392, 1402 (6th Cir. 1995)(noting that no hearing was
required to determine “reasonableness” of attorney’s fees and
costs claimed under 1132(g)(2)(D))(citing Environmental Defense
Fund, Inc. v. Lamphier, 714 F.2d 331, 340 (4th Cir. 1983)(no
hearing required for fee applications under RCRA).
Conclusion
Accordingly, the court GRANTS Plaintiffs motion (Doc. No.
13) and ORDERS Defendant to pay Plaintiffs’ attorney’s fees and
costs in the amount of $1045.00.1

1

The court arrives at the figure of $1045.00 by reference to Doc. No. 13-1,
Plaintiffs’ counsel’s affidavit swearing to a $350.00 filing fee, $20.00
service fee, and 4.5 billable hours performed by counsel at the rate of
$150.00 per hour.

2

The Clerk is directed to send a copy of this Memorandum
Opinion and Order to all counsel of record and to the Defendant
Karla Coal, Inc. at their last known address.
IT IS SO ORDERED, this 28th day of March, 2013.
ENTER:

David A. Faber
Senior United States District Judge

3