Opinion

GOMEZ v. TOMASA CORPORATION

Court
District Court, S.D. Florida
Filed
Sep 17, 2020
Cited by
0 cases
Authority
More cited than 20.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 19-23182-CIV-MARTINEZ/AOR

ANDRES GOMEZ,

Plaintiff,

v.

CANAIMA, LLC, d/b/a

EL PAUJI, LLC,

Defendant.

______________________________________________/

REPORT AND RECOMMENDATION

THIS CAUSE came before the Court upon Plaintiff Andres Gomez’s (“Plaintiff”) Verified

Motion for Attorney’s Fees (hereafter, “Motion for Fees and Costs”) [D.E. 15]. This matter was

referred to the undersigned pursuant to 28 U.S.C. § 636 by the Honorable Jose E. Martinez, United

States District Judge [D.E. 16]. For the reasons stated below, the undersigned respectfully

recommends that Plaintiff’s Motion for Fees and Costs be GRANTED.

On August 1, 2019, Plaintiff, who is blind, commenced this action seeking injunctive relief

pursuant to Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.

[D.E. 1]. On September 6, 2019, Plaintiff filed an Amended Complaint naming Defendant

Canaima, LLC (“Defendant”) as a party to this action [D.E. 6]. On October 3, 2019, a Clerk’s

Default was entered against Defendant [D.E. 12]. On June 4, 2020, the Court entered a Default

Final Judgment in favor of Plaintiff and against Defendant, and instructed Plaintiff to file his

Motion for Fees and Costs on or before June 25, 2020. See Default Final Judgment [D.E. 14 at 3–

4]. On June 25, 2020, Plaintiff filed his Motion for Fees and Costs seeking $5,535 in attorney’s

fees and $620 in costs as the prevailing party in this action. See Motion for Fees and Costs [D.E.

15 at 7].

Title 42, United States Code, Section 12205 of the ADA (hereafter, “Section 12205”)

provides, “In any action or administrative proceeding commenced pursuant to this chapter, the

court or agency, in its discretion, may allow the prevailing party . . . a reasonable attorney’s fee,

including litigation expenses, and costs . . . .” Id. Because Plaintiff obtained a Default Judgment

against Defendant, he is entitled to an award of reasonable attorney’s fees and costs pursuant to

Section 12205.

“A reasonable award of attorney’s fees is calculated using the lodestar method, which

requires the court to multiply the reasonable hours expended by a reasonable hourly rate.” Gary

Brown & Assocs., Inc. v. Ashdon, Inc., No. 05-CV-80359, 2006 WL 8435138, at *1 (S.D. Fla.

2006) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). “[T]he Court is an expert on the

issues of the prevailing market’s reasonable hourly rates for similar work and hours expended.”

Learning Connections, Inc. v. Kaufman, Englett & Lynd, PLLC, No. 11-CV-368, 2012 WL

13102412, at *4 (M.D. Fla. 2012) (citing Norman v. Hous. Auth. of City of Montgomery, 836 F.2d

1292, 1303 (11th Cir. 1988)).

Having reviewed Plaintiff’s Motion for Attorney’s Fees and Costs, and the documents filed

in support thereof, the undersigned finds that the hourly rates and hours expended are reasonable

and recommends that $5,535 in attorney’s fees be awarded. See Motion for Fees and Costs [D.E.

15]; Affidavit of Jessica L. Kerr, Esq. [D.E. 13-2]. Additionally, the undersigned finds that the

costs requested are reasonable and recommends that the requested $620 for same be awarded. Id.

RECOMMENDATION

Based on the foregoing, the undersigned RESPECTFULLY RECOMMENDS that

Plaintiff's Motion for Fees and Costs [D.E. 16] be GRANTED and that Plaintiff be awarded

$5,535.00 in attorney’s fees and $620.00 in costs for a total award of $6,155.00.

Pursuant to Local Magistrate Judge Rule 4(b), the parties have fourteen days from the date

of this Report and Recommendation to file written objections, if any, with the Honorable Jose E.

Martinez, United States District Judge. Failure to file timely objections may bar the parties from

attacking the factual findings contained herein on appeal. See Resolution Tr. Corp. v. Hallmark

Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Further, “failure to object in accordance

with the provisions of [28 U.S.C.] § 636(b)(1) waives the right to challenge on appeal the district

court’s order based on unobjected-to factual and legal conclusions.” See 11th Cir. R. 3-1 (1.0.P.

- 3).

RESPECTFULLY SUBMITTED in Chambers in Miami, Florida, on this 17th day of

September, 2020.

Lacie Bo Key

UNITED STATES MAGISTRATE JUDGE

cc: United States District Judge Jose E. Martinez

Counsel of Record

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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