1:18-cv-23050
S.D. Fla.Oct 13, 2020Background
- Plaintiff Servicios Aereos Platinum sued Eagle Support Corp. and two individuals for nonpayment related to the $2 million purchase of two aircraft, asserting civil theft (Fla. Stat. § 772.11) and FDUPTA claims.
- Plaintiff dismissed claims against A. Schneider; proceeded against Eagle Support and H. Schneider (alter ego theory for H. Schneider).
- The Court entered final default judgment for Plaintiff against Eagle Support and H. Schneider in the amount of $6,000,000 plus post-judgment interest.
- Plaintiff moved post-judgment for attorneys’ fees and costs: initially sought $73,822.50 in attorneys’ fees and $659.95 in costs; supporting declaration reflected a corrected fees subtotal of $73,185.00 and detailed time and rates (blended $425/hr for attorneys; paralegal $175/hr).
- Defendants did not oppose the motion or comply with an Order to Show Cause requiring a response.
- The magistrate judge applied the lodestar method, found the requested rates/hours and costs reasonable, and recommended awarding $73,185.00 in attorneys’ fees and $659.95 in costs (total $73,844.95) jointly and severally against Defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees under Fla. Stat. § 772.11 | Prevailing on civil theft entitles Plaintiff to reasonable attorney’s fees and costs | No response | Entitlement established; fees/costs recoverable under § 772.11 and awarded |
| Reasonableness of hourly rates and hours (lodestar) | Requested blended $425/hr for attorneys, specified hours (168.7) and paralegal time; lodestar produces requested sum | No response | Court applied lodestar, exercising its market-rate expertise, and found the blended rate and hours reasonable |
| Recoverable costs | Itemized $659.95 (translation, court reporters, process servers) | No response | Costs found reasonable and awarded |
| Procedural/default issue (failure to respond) | Motion served; unopposed after Defendants failed to respond or comply with show-cause order | Defendants made no submissions | Court relied on lack of opposition and recommended granting motion; parties may object to R&R within 14 days |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar method governs calculation of reasonable attorney’s fees)
- Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292 (11th Cir. 1988) (court is expert on prevailing market rates and reasonableness of hours)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993) (procedural default and waiver principles regarding objections to magistrate reports)