RATNER
v.
UNATION, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that attorney's fees are awardable under Rule 37(a)(5) but reduced the requested amount due to block billing and an excessive hourly rate.
Plaintiff sought attorney's fees after defendants provided overdue discovery responses post-motion to compel. The court reviewed billing records and t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Block Billing cases and more on FLexlaw
UNATION, INC., and GEORGE BEARDSLEY,
Defendants. ______________________________________/
ORDER1
The court granted Chynna Ratner’s request for an award of attorney’s fees under Fed. R. Civ. P. 37(a)(5).2 (Doc. 16). Ms. Ratner now seeks an award of $2,175 in attorney’s fees for 7.25 hours of attorney time at an hourly rate of $300. (Doc. 18). UNATION, Inc. and George Beardsley (collectively, the defendants) oppose the motion. (Doc. 20). Upon review of the billing records, the court finds a reduction is necessary because the time entries contain block billing. (Doc. 18, Ex. A). In using block billing,
McCrary Trucking, LLC, 476 F. App’x 198, 203 (11th Cir. 2012); see also McBride v. Legacy Components, LLC, No. 8:15-cv-1983-17TGW, 2018 WL 4381181, at *3 (M.D. Fla. Aug. 30, 2018) (reducing billable hours by 35% based on block billed time entries); Oravec v. Sunny Isles Luxury Ventures L.C., No. 04-22780-CIV, 2010 WL 1302914, at *13 (S.D. Fla. March 30, 2010) (applying a 25% across-the-board reduction to block billed hours). Counsel’s hours are reduced by 30%, to 5.1 hours, to account for the block billed entries and the non-compensable work.
Attorney Nicholas J. Castellano, II, requests an hourly rate of $300. (Doc. 16, Ex. B). “A reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation.” Norman v. Housing Auth. of Montgomery, 836 F. 2d 1292, 1299 (11th Cir. 1988). In addition, the court may consult its own experience. Id. at 1303. The party seeking attorney’s fees bears the burden of establishing that the rate requested is reasonable. Loranger v. Stierheim, 10 F. 3d 776, 781 (11th Cir. 1994) (per curiam). Considering the skill required for the motion to compel and its related filings, as well as counsel’s four years of experience, Mr. Castellano’s billing rate is reduced to a $250 per hour. See, e.g., Payne v. River Rocks LLC, No. 6:15-cv-1727-ORL-40DCI, 2017 WL 976634, at *5 (M.D. Fla. Feb. 22, 2017) (finding $250 was a reasonable hourly rate in an FLSA case for an attorney who practiced labor and employment law for five years); Cano v. Crab Addison, Inc., 6:16-cv-1023-Orl-40KRS, 2016 WL 6782778, at *2-3 (M.D. Fla. Oct. 28, 2016) (finding $250 was a reasonable hourly rate for attorney in FLSA case, who practiced law for four years). Ms. Ratner’s Motion for Attorney’s Fees (Doc. 16) is GRANTED in part and DENIED in part. Ms. Ratner is awarded reasonable attorney’s fees in the amount of $1,275, to be paid within thirty days from the date of this order. ORDERED in Tampa, Florida on September 27, 2019.
Aranda Ayre [...] Sarma.
AMANDA ARNOLD SANSONE
United States Magistrate Judge