Opinion

Bailey v. Jefferson County, Arkansas

Court
District Court, E.D. Arkansas
Filed
Oct 18, 2021
Cited by
0 cases
Authority
More cited than 17.0%

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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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