Premier Trailer Leasing, Inc. v. DM World Transportation, LLC
8:19-cv-02558
M.D. Fla.Dec 31, 2020Background
- DM World Transportation leased trailers from Premier Trailer Leasing under written Agreements; Abduvosit Razikov executed a Continuing Guaranty promising to pay Premier’s costs, including attorneys’ fees, to enforce the Guaranty.
- DM World defaulted; Premier sought repossession and monetary recovery; DM World filed bankruptcy, and the case was stayed as to DM World but later reopened solely on the breach-of-guaranty claim against Razikov.
- Premier moved for summary judgment against Razikov; the court granted summary judgment and entered judgment for $1,341,276.99 against Razikov.
- Premier then moved for contractual attorneys’ fees and costs totaling $37,686.00 in fees and $1,747.89 in costs; Razikov did not meaningfully oppose the motion.
- The court found Premier entitled to fees under the Guaranty, approved the hourly rates and hours requested, but reduced recoverable service costs to statutory maxima; it awarded $37,686.00 in fees and $1,197.89 in costs, totaling $38,883.89.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees under contract/guaranty | Premier: Guaranty and Agreements expressly authorize recovery of "costs and expenses, including reasonable attorneys' fees" to enforce the Guaranty. | Razikov: did not contest (failed to respond). | Court: Premier is prevailing party; contractual language entitles it to attorneys' fees and costs. |
| Reasonableness of hourly rates | Premier: $395/hr for partner Haughey; $250–$275/hr for associate Mirghahari; supported by local comparators and declaration. | Razikov: no objection. | Court: Rates are reasonable for Tampa market and attorneys' experience. |
| Reasonableness of hours billed | Premier: submitted detailed time records and a reasonableness declaration; excluded some bankruptcy-related hours and exercised billing judgment. | Razikov: no specific objections. | Court: 122.1 hours are reasonable; lodestar of $37,686.00 awarded. |
| Recoverable costs (taxable and non-taxable) | Premier: seeks $1,747.89 (filing fee, process service fees, Westlaw, shipping) as taxable and contract-authorized non-taxable costs. | Razikov: no objection. | Court: Taxable costs limited by statute (clerk fee $400; service fees capped at $65 per attempt); recoverable non-taxable costs allowed under Guaranty; total costs awarded $1,197.89. |
Key Cases Cited
- Baker Botts LLP v. ASARCO LLC, 576 U.S. 121 (clarifies American Rule and exceptions)
- Buckhannon Bd. & Care Home, Inc. v. Va. Dep’t of Health & Human Res., 532 U.S. 598 (definition of prevailing party)
- Hensley v. Eckerhart, 461 U.S. 424 (lodestar method; proof of hours and rates)
- Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292 (burden to show reasonable rates and hours)
- Blum v. Stenson, 465 U.S. 886 (market rate standard for reasonable hourly rate)
- Bivins v. Wrap It Up, Inc., 548 F.3d 1348 (hour-by-hour vs. across-the-board reductions)
- Fox v. Vice, 563 U.S. 826 (courts aim for "rough justice" not auditing perfection)
- Yellow Pages Photos, Inc. v. Ziplocal, LP, 846 F.3d 1159 (presumption in favor of awarding costs; contractual deviations)
- E.E.O.C. v. W & O, Inc., 213 F.3d 600 (limits on private process-server fees relative to statutory maxima)
- Duckworth v. Whisenant, 97 F.3d 1393 (copying costs nonrecoverable under § 1920)
- Loranger v. Stierham, 10 F.3d 776 (burden to itemize costs and support entitlement)