Leblanc v. USG7, LLC
6:12-cv-01235
M.D. Fla.Sep 22, 2015Background
- Plaintiffs (Leblanc, Willets, Pietarila) brought an FLSA collective action for unpaid minimum and overtime wages; some defendants (USG7, LLC and USDS, LLC) defaulted.
- Default judgment was entered against USG7 and USDS; plaintiffs moved for renewed attorneys’ fees and costs.
- Plaintiffs sought $25,872 in attorneys’ fees (time entries from two attorneys and one paralegal) and $1,393.75 in costs (filing, service, state filing, court reporter).
- Plaintiffs submitted affidavits supporting counsel’s experience, billing practices, and that requested rates are market rates; time records were provided.
- The magistrate judge reviewed lodestar factors (reasonable hours x reasonable rates), exercised billing judgment, and assessed recoverable costs under 28 U.S.C. § 1920.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees | Prevailing FLSA plaintiffs are entitled to reasonable attorneys’ fees under 29 U.S.C. § 216(b). | Defaulting defendants did not contest (no appearance). | Granted: fees mandatory for prevailing FLSA plaintiffs. |
| Reasonableness of hours billed | Hours detailed in time records; affidavits support necessity and reasonableness. | No opposition to challenge hours. | Court found hours reasonable after review; exercised billing judgment where appropriate. |
| Hourly rates | Counsel swore rates charged are actual and consistent with community rates; affidavit from local counsel supports market rates. | No opposition disputing rates. | Court found requested hourly rates reasonable for the community and counsel’s experience. |
| Recoverable costs | Plaintiffs sought filing fee, service costs (high due to multiple attempts), state filing fee, and court reporter charge for a deposition where deponent failed to appear. | No opposition; court scrutinized items (timing penalty). | Court awarded filing fee and service costs; awarded $95 for deposition (reduced $9.50 late-payment charge). |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (civil rights fee-shifting lodestar framework)
- Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292 (11th Cir. 1988) (attorney fee reasonableness and market-rate evidence)
- Kreager v. Solomon & Flanagan, P.A., 775 F.2d 1541 (11th Cir. 1985) (FLSA fee awards are mandatory for prevailing plaintiffs)
- Bivins v. Wrap It Up, Inc., 548 F.3d 1348 (11th Cir. 2008) (court may employ hour-by-hour or across-the-board reductions with explanation)
- Am. Civil Liberties Union v. Barnes, 168 F.3d 423 (11th Cir. 1999) (lodestar calculation guidance)
- Martinez v. Hernando Cnty. Sheriff's Office, [citation="579 F. App'x 710"] (11th Cir. 2014) (affirming lodestar approach and consideration of results obtained)
