Alonso Alexander Guardado Lopez v. Air Pro Heating & Cooling LLC, et al.

Summary

This Report and Recommendation addresses Plaintiff Alonso Alexander Guardado Lopez’s renewed motion for attorneys’ fees and costs following entry of default judgment in an action involving the Fair Labor Standards Act and Arizona minimum wage law. The magistrate judge recommends awarding $5,651.50 in attorneys’ fees and $577.80 in out-of-pocket costs, with modifications based on the reasonableness of billed time and the hourly rate.

Holdings

1. A plaintiff who obtained default judgment is a prevailing party and is entitled to seek reasonable attorneys' fees and costs under the FLSA and Arizona minimum-wage law.
2. The reasonable attorneys' fee award should be reduced to $5,651.50 based on 12.7 compensable hours at a reasonable hourly rate of $445.
3. Plaintiff should receive $577.80 in out-of-pocket costs.

Questions Presented

1. Whether plaintiff was entitled to recover attorneys' fees and costs under the FLSA and Arizona minimum-wage law after obtaining default judgment.
2. What amount of attorneys' fees was reasonable under the lodestar method and the Kerr factors.
3. Whether plaintiff was entitled to recover the requested $577.80 in out-of-pocket costs under the applicable rules.

Disposition

other