Birge v. Brumbaugh & Quandahl, P.C., LLO, 8:13-cv-00008

Birge sues Brumbaugh & Quandahl law firm and Midland for FDCPA and NCPA violations; class action settlement resolves claims but Midland not required to contribute; plaintiffs seek $40,835.33 in attorneys’ fees; time records show hours and rates for Bragg, Car, Reinbrecht, Carter; court reduces duplicative and clerical time and adjusts rates to Erikson benchmarks; lodging fee lodestar calculated at $27,310; costs of $1,405.33 awarded; settlement released FDCPA and NCPA claims with Midland not contributing to fee award.
Settlement negotiations began before discovery; tentative settlement in April 2013; settlement reached before defendants filed an answer; action commenced January 2013.
The court acknowledges some duplicative and clerical time and reduces Bragg by 3.6 hours, Car by 0.5 hour, Reinbrecht by 1 hour; clerical tasks not billed at paralegal rate; Carter’s paralegal rate deemed reasonable; rates adjusted to Erikson benchmarks; lodestar totaling $27,310; costs awarded.
Birge’s fee request is for successful claims; court finds prevailing party status for fee entitlement; multiple reductions for duplicative and clerical work to arrive at reasonable hours; Daniels-like fee award is supported by market-rate analysis and Johnson/Marez factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Reasonableness of fees (lodestar)	Birge's team used reasonable hours and market-rate rates	Fees inflated by duplication and clerical work	Yes; lodestar accepted with reductions
Duplicative/clerical time	Time entries reflect legitimate work	Entries include duplicative and clerical tasks	Reductions applied to Bragg, Car, Reinbrecht; clerical time excluded from paralegal rates
Rates adjustment	Rates align with Erikson benchmarks	Rates should remain as requested	Rates adjusted to Erikson levels; total lodestar reduced
Prevailing party entitlement	Birge prevailed on major claims	Settlement forecloses some claims and Midland not liable for fees	Court awards fees for successful claims; prevailing party entitled to fees
Costs awarded	Costs necessary and reasonable	Costs should be disallowed or limited	Costs awarded as reasonable and necessary

Hensley v. Eckerhart, 461 U.S. 424 (Sup. Ct. 1983) (establishes lodestar and enhancements framework for fee awards)
Marez v. Saint–Gobain Containers, Inc., 688 F.3d 958 (8th Cir. 2012) (guides factor-based adjustment of fees within lodestar framework)
Blum v. Stenson, 465 U.S. 886 (Sup. Ct. 1984) (market value for legal services; reasonableness of fees)
Avalon Cinema Corp. v. Thompson, 689 F.2d 137 (8th Cir. 1982) (out-of-town counsel rates permissible when local expertise unavailable)
Missouri v. Jenkins by Agyei, 491 U.S. 274 (Sup. Ct. 1989) (clerical tasks should not be billed at paralegal rates)