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Leblanc v. USG7, LLC
6:12-cv-01235
M.D. Fla.
Sep 22, 2015
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Background

  • 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)
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Case Details

Case Name: Leblanc v. USG7, LLC
Court Name: District Court, M.D. Florida
Date Published: Sep 22, 2015
Docket Number: 6:12-cv-01235
Court Abbreviation: M.D. Fla.