Williams v. Epic Sec. Corp.
368 F. Supp. 3d 651
S.D. Ill.2019Background
- Plaintiffs sued EPIC Security Corp. and its VP Selwyn Falk under the FLSA and NYLL alleging unpaid driving time to/from worksites; after bench trial the court found 17 of 38 plaintiffs entitled to damages for driving to RMP-required sites.
- The court declined liquidated damages and dismissed claims against Falk; it authorized a fee-and-costs application by prevailing plaintiffs.
- Plaintiffs sought $414,720.36 in attorneys' fees and $17,095.36 in costs for work by three attorneys (Menken, Simpson, Moore) and office staff; defendants opposed rates, hours, and many costs.
- The court applied the lodestar framework, evaluated reasonable hourly rates, hours expended, and the plaintiffs’ limited degree of success to adjust fees.
- The court approved Menken at $600/hr, Simpson at $350/hr, and phased Moore between $150/hr (pre-NY admission) and $275/hr (post-admission), but made large across-the-board reductions to hours (70% for Menken; 66% for Simpson and Moore) due to limited success and some excessive senior-partner billing.
- The court disallowed certain costs (consent-letter mailing, a "dirty disk" transcript charge, meals/taxis) and awarded reduced costs; final award: $116,225 (fees) + $10,715.65 (costs) = $126,940.65.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees | Prevailing plaintiffs entitled to reasonable fees and costs under FLSA/NYLL | Fees should be reduced or denied given limited recovery and perceived overreaching | Plaintiffs entitled to fees and costs, but amount reduced to reflect limited success |
| Reasonable hourly rates | Menken $600; Simpson $400; Moore $300 | Reduce rates (Menken to $450; Simpson $350; Moore $225) | Court: Menken $600; Simpson $350; Moore $150 (pre-admission) and $275 (post-admission) |
| Reasonable hours / fee reduction method | Counsel billed 964.65 hours overall; seek full lodestar | Argue drastic reduction (up to 90%) based on limited success and settlement positions | Court applied across-the-board percentage cuts (Menken -70%; Simpson & Moore -66%) due to limited success, some excessive senior-partner time, and practical accounting |
| Recoverable costs | Seek $17,095.36 (including consent-letter mailings, transcripts, travel/meal) | Challenge lack of backup and specific items (consent mailings, meals, taxi) | Court awarded $10,715.65; disallowed consent-mailing $5,933.71, dirty-disk transcript $230, and $216 in meals/taxis |
Key Cases Cited
- Hensley v. Eckerhart, 461 U.S. 424 (district court may reduce fee award for limited success)
- Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (lodestar presumptively reasonable)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182 (factors for fee awards)
- Millea v. Metro-North R.R. Co., 658 F.3d 154 (hours for unsuccessful claims must be excluded)
- Bergerson v. New York State Office of Mental Health, 652 F.3d 277 (reasonable hourly rate analysis)
- Barfield v. New York City Health & Hosps. Corp., 537 F.3d 132 (degree of success critical)
- Young v. Cooper Cameron Corp., 586 F.3d 201 (fee-shifting under FLSA/NYLL principles)
- Quaratino v. Tiffany & Co., 166 F.3d 422 (exclude hours for severable unsuccessful claims)
- Farrar v. Hobby, 506 U.S. 103 (degree of success guides fee reductions)