The opinion
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TRENDIA BAILEY and JOHN’NIQUA
WOFFORD-LIBBET, Each Individually
and on Behalf of all Others Similarly Situated PLAINTIFFS
No. 5:18-cv-222-DPM
JEFFERSON COUNTY, ARKANSAS DEFENDANT
ORDER
After three years of work on this case, the parties settled the
liability issues. A dispute about attorney’s fees and costs remains.
Plaintiffs’ counsel seek $31,212.15 in fees and $1,593.51 in costs.
Jefferson County estimates that a third of the settlement amount, or
$6,666.67, is more reasonable. The Court must determine the number
of hours reasonably expended multiplied by a reasonable hourly rate,
and make any appropriate reductions. Hensley v. Eckerhart, 461 U.S.
424, 433-40 (1983); Quigley v. Winter, 598 F.3d 938, 956-59
(8th Cir. 2010).
The Court agrees with Jefferson County that the life of this case
was artificially long. Doc. 75 at 1. But Plaintiffs’ counsel has
commendably trimmed much fat, accounting for most of the
overstaffing and redundancies. Doc. 70-1. A little more needs
trimming, though. Sanford and Gibson were the leads and spent a
reasonable amount of time guiding the case to a favorable resolution.
In the market, clients don’t pay extra for staff work or over-
the-shoulder lawyering. These matters are included in the hourly rates
clients do pay. Fees for these kinds of things will therefore not be
awarded. This trim includes fees for work by Hoyt and Brown, as well
as for some of Kinney’s work. Gibson used her law clerk well and
sparingly. And that type of delegation can be a benefit to paying clients
in most instances. The Court will make a modest reduction in billing
rates, which are too high across the board for this kind of work in this
District. This reduction is based on this Court’s experience with current
market rates in all kinds of cases. The Court awards fees for these listed
hours and rates:
Josh Sanford — 29.85 hours x $250/hour= $7,462.50
Stacy Gibson — 93.40 hours x $200/hour = $18,680.00
Law Clerk —145hours x $25/hour= $362.50
Vanessa Kinney —47hours $200/hour=__ $940.00
$27,445.00
The Court also awards a reduced amount in costs. FED. R. CIv. P.
54(d)(1); 28 U.S.C. § 1920. The filing fee and copy costs are recoverable,
28 U.S.C. § 1920(1) & (4), but postage and the private service fee are not.
Smith v. Tenet Healthsystem SL, Inc., 436 F.3d 879, 889 (8th Cir. 2006);
Crues v. KFC Corp., 768 F.2d 230, 234 (8th Cir. 1985). The Court declines
to award the unspecified mileage. $859.55 in costs are recoverable.
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The Court appreciates counsel’s self-scrutiny and resulting
reductions. This is the drill for lawyers who bill clients. And the Court
has benefited from the categorization of claimed fees. Counsel ask for
specifics on what could be done better. See above. The Court adds one
point. Counsel should strive for brevity and proportionality. This fee
dispute, for example, did not need a five-page motion, a seventeen-
page affidavit, a twenty-six-page brief, and a seven-page reply.
Plaintiffs’ motion for costs and fees, Doc. 70, is mostly granted and
partly denied. The Court awards a reasonable attorney’s fee of
$27,445.00 and recoverable costs of $859.55.
So Ordered.
SO Gurlebl pr
D.P. Marshall Jr.
United States District Judge
18 October □□□
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