Berry v. Kolkman; and Constable Kolkman LLC

Summary

The United States District Court for the District of Utah grants Julie Berry’s motion for attorney’s fees arising from a prior discovery order under Federal Rule of Civil Procedure 37. The court finds that 3.8 hours of work and attorney Eric Stephenson’s hourly rate of $450 are reasonable, and orders Constable Kolkman LLC to pay $1,710.00. The underlying action concerns alleged violations of the Fair Debt Collection Practices Act.

Holdings

1. Attorney’s fees awarded under Rule 37 are calculated using the lodestar method: reasonable hours multiplied by a reasonable hourly rate.
2. Berry established that 3.8 hours of work at an hourly rate of $450 were reasonable, resulting in an award of $1,710.00.

Questions Presented

1. Whether Berry was entitled to recover the reasonable expenses, including attorney’s fees, incurred in bringing the successful discovery motion.
2. Whether 3.8 hours of work and an hourly rate of $450 were reasonable under the lodestar method.

Disposition

other