Betancourt Colon v. Arcos Dorados Puerto Rico, LLC.
3:23-cv-01263
| D.P.R. | May 9, 2025Background
- Plaintiff Walberto Hernández-Reyes sued Arcos Dorados Puerto Rico, LLC, alleging ADA violations due to architectural barriers in McDonald's restaurants across Puerto Rico.
- The case was consolidated with a similar suit filed by Betancourt-Colón; both represented by Attorney Vélez-Colón.
- After Betancourt-Colón’s death, his claims were dismissed, but Hernández-Reyes continued and reached a settlement via a consent decree.
- The consent decree left attorney’s fees unresolved, leading Vélez-Colón to file a motion seeking $16,817.50 (66.8 hours at $250/hr plus costs).
- Defendant disputed the hourly rate, number of hours, and reasonableness of the hours billed; parties exchanged sur-replies and oppositions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable hourly rate for attorney's fees | $250/hr is reasonable due to complexity/skill | $200/hr is the prevailing rate for similar cases | $200/hr is appropriate given rates and case nature |
| Reasonableness of billed hours | All billed hours reflect actual necessary work | Some hours noncontemporaneous, excessive, or duplicative | 30.6 hours eliminated for noncompliance/excess |
| Fees for work in the prior, dismissed action | Fees should cover consolidated, related actions | No fees for work on Betancourt-Colón’s pre-consolidation | Most hours allowed except 1.5 unrelated to plaintiff |
| Fees for duplicative/excessive/legal research tasks | All tasks needed due to case scope | Research and writing hours excessive, similar case overlap | Reductions applied; only justified hours allowed |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (fee applicant bears burden of showing hours and rates are reasonable and work was necessary)
- Rhodes v. Stewart, 488 U.S. 1 (deceased non-prevailing plaintiffs not entitled to fees)
- Hutchinson ex rel. Julien v. Patrick, 636 F.3d 1 (lodestar calculation and community rate principles)
- Grendel's Den, Inc. v. Larkin, 749 F.2d 945 (requirement for maintaining contemporaneous time records for fee requests)
- Lipsett v. Blanco, 975 F.2d 934 (failure to keep contemporaneous records can justify reduction of award)