McFadden v. L&J Waste Recycling, LLC, 1:16-cv-02744

McFadden sued L&J Waste Recycling, LLC and two individuals under the FLSA, Maryland Wage and Hour Law, and Maryland Wage Payment and Collection Law for unpaid overtime covering Oct. 28, 2014–Jan. 14, 2016.
Defendants’ counsel withdrew; defendants did not answer; clerk entered default; court entered default judgment for plaintiff on liability and statutory damages ($9,450) on July 14, 2017.
Plaintiff moved for attorney’s fees and costs seeking $23,663.66 in fees (95.55 hours) and $700 in costs, supported by counsel’s declaration, billing records, and a market-rate declaration.
Court raised concerns about some billing entries (pleadings, a Rule 11-related entry, miscellaneous minor tasks); counsel voluntarily reduced or removed certain charges and claimed additional write-offs.
The court applied the lodestar framework (reasonable hourly rate × reasonable hours), evaluated hours and rates against the Johnson factors, and considered reasonableness given the case’s procedural history.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees and costs	McFadden as prevailing FLSA plaintiff is entitled to reasonable attorney’s fees and costs	Defendants made no opposition	Court: Prevailing plaintiff entitled to fees and costs under 29 U.S.C. § 216(b) and Maryland law; costs ($700) allowed
Reasonable hourly rate	Counsel sought $400/hr for attorney, $150/hr for paralegals/law clerk as market rates	No opposition contesting rates	Court: Rates align with Local Rule Appendix B and market; deemed reasonable based on declarations
Reasonable hours / billing reductions	Counsel submitted 95.55 hours, removed 8.65 hours and other questionable entries after court concerns	No opposition	Court: After review and counsel’s voluntary reductions, hours and lodestar were reasonable for award
Use of lodestar and discretion in default cases	Counsel requested full lodestar; argued reductions already made	N/A	Court: Lodestar is presumptively reasonable; court exercised discretion but awarded requested fees ($23,663.66) plus costs

McAfee v. Boczar, 738 F.3d 81 (4th Cir. 2013) (lodestar and fee-award principles)
Grissom v. The Mills Corp., 549 F.3d 313 (4th Cir. 2008) (definition of lodestar)
Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235 (4th Cir. 2009) (subtract fees for unsuccessful claims; lodestar method)
Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (lodestar presumptively reasonable)
Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (U.S. 2010) (lodestar not always conclusive; rare exceptions)
Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974) (twelve-factor reasonableness test)
Barber v. Kimbrell's, Inc., 577 F.2d 216 (4th Cir. 1978) (adoption of Johnson factors)