Haught v. The Wireless Center, Inc.
3:16-cv-00942
E.D. Va.May 18, 2017Background
- Plaintiff Kimberly Haught sued her former employer, The Wireless Center, Inc., under the FLSA for unpaid overtime after being promoted to a managerial title alleged to avoid overtime pay.
- Defendant was properly served but did not respond; the Clerk entered default and the Court granted default judgment awarding $2,265.06 (back pay and liquidated damages).
- Plaintiff moved for attorneys' fees and costs under 29 U.S.C. § 216(b), seeking $8,448.50 in fees and $445.67 in costs; Defendant did not oppose.
- Plaintiff's counsel billed 29.5 hours: partner (9 years) 15.4 hrs at $325/hr, associate (6 years) 11.0 hrs at $275/hr, and paralegals 3.1 hrs at $135/hr.
- The Court found the requested rates and total hours reasonable as a lodestar but reduced the award for time spent unsuccessfully soliciting additional opt-in plaintiffs and for block billing.
- The Court awarded $6,991.65 in attorneys' fees and $445.67 in costs, granting the motion in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to reasonable attorneys' fees and costs under FLSA | Haught sought fees and costs as prevailing plaintiff under § 216(b) | No opposition (no response filed) | Prevailing plaintiff entitled to reasonable fees and costs; motion granted in part |
| Reasonableness of hourly rates | Rates of $325 (partner), $275 (associate), $135 (paralegal) are reasonable for Richmond FLSA work | No argument presented | Court approved those hourly rates for lodestar calculation |
| Reasonableness of hours billed (29.5 hrs) | Time spent was reasonable to investigate, plead, and obtain default judgment | No argument presented | Court found 29.5 hrs generally reasonable but subtracted time spent soliciting additional opt-ins beyond amounts already written off |
| Adjustments to lodestar (block billing and unsuccessful tasks) | Counsel had exercised some billing judgment but billed for soliciting opt-ins and used block billing entries | No opposition presented | Court reduced lodestar by $680 for extra time soliciting opt-ins and by 10% for block billing, producing $6,991.65 in fees |
Key Cases Cited
- Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235 (4th Cir. 2009) (lodestar method and appellate review of fee awards)
- Lyle v. Food Lion, Inc., 954 F.2d 984 (4th Cir. 1992) (district court discretion to adjust lodestar)
- Delaware Valley Citizens' Council for Clean Air v. Pennsylvania, 478 U.S. 546 (U.S. 1986) (lodestar as a presumptive reasonable fee)
- Grissom v. The Mills Corp., 549 F.3d 313 (4th Cir. 2008) (subtract fees for hours on unsuccessful unrelated claims)
- Route Triple Seven Ltd. P'ship v. Total Hockey, Inc., 127 F. Supp. 3d 607 (E.D. Va. 2015) (reductions for block billing practices)
- Jackson v. Estelle's Place, LLC, [citation="391 F. App'x 239"] (4th Cir. 2010) (prevailing FLSA plaintiff entitled to fees and costs)