Summary
The United States District Court for the Eastern District of Louisiana partially grants and partially denies Richard Neyland’s motion for attorneys’ fees arising from a partially granted motion to compel discovery. The court reduces the requested fees and awards $2,800.00 for seven hours of work at an hourly rate of $400, with no adjustment under the Johnson factors.
Holdings
- Because Defendant did not oppose the fee motion, the requested hourly rate of $400 was deemed prima facie reasonable, although the court expressly declined to determine whether the rate was reasonable within the community.
- A fee applicant must adequately document the hours reasonably expended and demonstrate billing judgment; because the 7.82 hours requested were somewhat excessive, the court reduced the award to seven compensable hours.
- No adjustment to the lodestar was warranted under the Johnson factors.
Questions Presented
- Whether Plaintiff established entitlement to reasonable attorneys’ fees under the lodestar method after partially prevailing on a motion to compel discovery.
- Whether the requested hourly rate and hours were reasonable and supported by adequate documentation and billing judgment.
- Whether the Johnson factors warranted an adjustment to the lodestar.
Disposition
other
Cases Cited (18)
- Watkins v. Fordice, 7 F.3d 453, 457, 459 (5th Cir. 1993)(followed)
- Hensley v. Eckerhart, 461 U.S. 424, 433-34 (1983)(followed)
- Saizan v. Delta Concrete Products Co., 448 F.3d 795, 799 (5th Cir. 2006)(followed)
- Tollett v. City of Kemah, 285 F.3d 357, 368 (5th Cir. 2002)(followed)
- La. Power & Light Co. v. Kellstrom, 50 F.3d 319, 324, 328-29 (5th Cir. 1995) (per curiam)(followed)
- Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974)(followed)
- Heidtman v. County of El Paso, 171 F.3d 1038, 1043 (5th Cir. 1999)(followed)
- Village Shopping Center Partnership v. Kimble Development LLC, 287 So. 3d 882, 886 (La. App. 5 Cir. 2019)(followed)
- St. Blanc v. Stabile, 114 So. 3d 1158, 1160 (La. App. 5 Cir. 2013)(followed)
- Black v. SettlePou, P.C., 732 F.3d 492, 502 (5th Cir. 2013)(followed)
Showing top 10 of 18.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…