Opinion

Haygood v. Begue

Court
District Court, W.D. Louisiana
Filed
Aug 17, 2021
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

RYAN HAYGOOD, DDS and CIVIL ACTION NO. 13-0335

HAYGOOD DENTAL CARE, LLC

VERSUS JUDGE S. MAURICE HICKS, JR.

BRIAN BEGUE, ET AL. MAGISTRATE JUDGE HORNSBY

MEMORANDUM RULING

Before this Court is a Determination of Attorney Fees, resulting from the prior

granting of Defendant H.O. Blackwood’s Motion for Attorney Fees. See Record

Documents 227 & 228. For the reasons that follow, Defendant H.O. Blackwood is

awarded attorneys’ fees and costs in the amount of $64,285.52.

BACKGROUND

In March 2016, this Court granted Defendant H.O. Blackwood, D.D.S.’s Rule

12(b)(6) motion, dismissing the Haygood Plaintiffs’ Section 1983 claims as prescribed

and holding that the Sherman Act, state law defamation, and Louisiana Unfair Trade

Practices Act (“LUTPA”) claims failed under Rule 12(b)(6) and the Twombly/Iqbal

standard. See Record Documents 182 & 183. All claims against the Defendant were

dismissed with prejudice. See id.

As to the Section 1983 claim, this Court held that the Defendant is entitled to

reasonable attorneys’ fees under Section 1988(b). See Record Document 227. Section

1988(b) provides, in pertinent part:

In any action or proceeding to enforce a provision of section[] . . . 1983 . . ., the

court, in its discretion, may allow the prevailing party, other than the United States,

a reasonable attorney’s fee as part of the costs.

42 U.S.C. § 1988(b). Section 1988(b) “authorizes a district court to award attorney’s fees

to a defendant upon a finding that the plaintiff’s action was frivolous, unreasonable, or

without foundation.” Fox v. Vice, 563 U.S. 826, 833, 131 S.Ct. 2205, 2213 (2011) (citation

and internal quotation omitted). In finding the Haygood Plaintiffs’ Section 1983 claim

frivolous, this Court reasoned:

[A]lmost two years elapsed between the filing of the initial proceeding in state court

in September 2011 and the filing of the federal lawsuit in February 2013. This Court

holds that the Haygood Plaintiffs clearly knew, or should have known, of the overt

acts which might constitute a Section 1983 violation when the state court lawsuit

was filed in September 2011. This Court is also unconvinced that any of the

allegations in the state court petition were sufficient to interrupt prescription. See

Ford v. Stone, 599 F.Supp. 693 (M.D. La. 1984). Therefore, this Court finds that

the alleged wrongdoing under Section 1983 by the instant Defendant has

prescribed under Louisiana law.

. . .

. . . The Court additionally notes that even if this action was not prescribed, the

Rule 12(b)(6) Motion filed by the Dr. Blackwood nonetheless would be granted

because the bald conclusory allegations that he was involved in a conspiracy with

the Dental Board fails the plausibility standard established in Twombly and Iqbal.

See Twombly, 550 U.S. 544, 127 S.Ct. 1955; Iqbal, 556 U.S. 662, 129 S.Ct. 1937.

Record Document 182 at 7-9.

As to the LUTPA claims, this Court held that the Defendant is entitled to reasonable

attorneys’ fees under La. R.S. 51:1409(A), which provides, in pertinent part:

Upon a finding by the court that an action under this Section was groundless and

brought in bad faith or for purposes of harassment, the court may award to the

defendant reasonable attorney fees and costs.

This Court found that the Haygood Plaintiffs’ LUTPA claim wholly failed to rise to the level

of facts necessary to support a claim under the LUTPA. See Record Document 182 at

15. Thus, the LUTPA claims were groundless and brought in bad faith or for purposes of

harassment, which entitled the Defendant to attorneys’ fees and costs under La. R.S.

51:1409(A).

Accordingly, Defendant’s Motion for Attorney Fees was granted on March 12,

2018. See Record Document 227. Defendant timely filed Motions to Submit Detailed

Time Reports for the Determination of Attorney Fees. See Record Document 264. This

Court must now determine reasonable attorneys’ fees and costs.

LAW AND ANALYSIS

42 U.S.C. § 1988(b) authorizes a district court, in its discretion, to award a

reasonable attorney’s fee to a prevailing party as part of the costs. Likewise, La. R.S.

51:1409(A) authorizes award of reasonable attorneys’ fees and costs to a defendant

when a court finds that the litigation was brought in bad faith or for purposes of

harassment. In their submission of detailed time reports, H.O. Blackwood identified three

categories of attorneys’ fees and costs spent in this litigation: (1) attorney time expended

solely in defense of the instant suit, (2) time expended related to depositions relevant to

both federal and state litigation, and (3) expenses related to depositions relevant to both

federal and state litigation. See Record Document 264-1.

Regarding the first and second categories, reasonable attorney fee awards in

federal actions are determined by performing a two-step lodestar analysis. See Perdue

v. Kenny A. ex rel. Winn, 559 U.S. 542, 551, 130 S.Ct. 1662, 1672 (2010), Hensley v.

Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939 (1983), Calix v. Ashton Marine LLC,

No. 14-2430, 2016 WL 4194119, at *1 (E.D. La. July 14, 2016). First, “[a] lodestar is

calculated by multiplying the number of hours reasonably expended by an appropriate

hourly rate in the community for such work.” Heidtman v. Cty. of El Paso, 171 F.3d 1038,

1043 (5th Cir. 1999). The lodestar is presumptively sufficient, 559 U.S. at 552, but may

then be decreased or enhanced based on the relative weights of the twelve factors set

forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717–19 (5th Cir. 1974).

See Heidtman, 171 F.3d at 1043. The Johnson factors are: “(1) the time and labor

required; (2) the novelty and difficulty of the issues; (3) the skill required to perform the

legal services properly; (4) the preclusion of other employment by the attorney; (5) the

customary fee; (6) whether the fee is fixed or contingent; (7) the time limitations imposed

by the client or circumstances; (8) the amount involved and results obtained; (9) the

experience, reputation, and ability of the attorneys; (10) the undesirability of the case;

(11) the nature and length of the professional relationship with the client; and (12) the

award in similar cases.” 488 F.2d at 717–19.

The prevailing party bears the burden of documenting and submitting the

appropriate hours expended and hourly rates. See Hensley v. Eckerhart, 461 U.S. at 437,

103 S.Ct. at 1941. Counsel for the prevailing party must make a good faith effort to

exclude excessive, duplicative, or otherwise unnecessary entries. See id. at 434, 103

S.Ct. at 1939–40. This Court, along with others within the Fifth Circuit, has noted that

“some cases . . . require that attorneys perform work on numerous claims, issues or even

proceedings, not all of which independently or standing alone give rise to a basis for an

award of attorney’s fees.” Sabre Industries, Inc. v. Module X Solutions, LLC, No. 15-2501,

2019 WL 4794103, at *1 (W.D. La. Sept. 30, 2019) (citing Cashman Equip. Corp. v. Smith

Marine Towing Corp., No. CV 12-945, 2013 WL 12229038, at *7 (E.D. La. June 27, 2013),

report and recommendation adopted, No. CV 12-945, 2013 WL 12228976 (E.D. La. July

12, 2013)); see also NOP, LLC v. Kansas, No. CIV.A. 101423, 2011 SL 1485287, at *5

(E.D. La. Mar. 23, 2011), report and recommendation adopted, No. CIV.A. 10-1423, 2011

WL 1558687 (E.D. La. Apr. 18, 2011). In such cases, courts “need not segregate fees

when the facts and issues are so closely interwoven that they cannot be separated.” Id.

Rather, the determinative inquiry is whether the claims include a common core of facts or

were based on related legal theories linking them to the successful claim. See id. If the

facts and issues are closely interwoven, the prevailing party may recover reasonable

attorneys’ fees incurred to defend against the intertwined claims. See id.

In the instant case, the law from which the state defamation and Sherman Act

claims arise do not provide for award of attorneys’ fees. See 15 U.S.C. §1 and §2. Based

on review of the facts and circumstances of this case, this Court finds that all of the

Plaintiff’s claims rest on a common core of operative facts such that it would be

impracticable to separate the hours attributable to each related claim. The Defendant has

also made a good faith effort to exclude unnecessary entries by reducing the attorneys’

fees related to depositions by fifty percent, as these fees were associated with both

federal and state depositions. See Record Document 264-1.

This Court notes that some entries included in Record Document 264 are for hours

that firm shareholder Madeline J. Lee and associate attorney Preston Mansour appeared

for/attended depositions. See Record Document 264 at 26. The Fifth Circuit has noted

that attorneys’ fees generally may not be recovered for attending, rather than participating

in, or conducting depositions when the time spent is duplicative and unnecessary. See

Coleman v. Houston Independent School Dist., 202 F.3d 264 (5th Cir. 1999). Given the

nature of Plaintiff’s claims and allegations of conspiracy, this Court finds the entries for

counsels’ separate attendance at co-defendants’ depositions reasonable. Thus, the

Defendant has exercised sound billing judgment in seeking this award of attorneys’ fees.

Based upon this Court’s review of the facts of this case and the Detailed Time Reports in

Record Document 264, this Court finds that the hours requested by the Defendant are

reasonable for purposes of the lodestar calculation.

This Court must also determine reasonable hourly rates for billing attorneys and

paralegals. A reasonable hourly rate is “to be calculated according to the prevailing

market rates in the relevant community” and is a rate “adequate to attract competent

counsel.” Blum v. Stenson, 465 U.S. 886, 895–97, 104 S.Ct. 1541, 1547–48. This Court

accepts that hourly rates of $140 for a partner with 27 years of experience, $125 for an

associate with 8-9 years of experience, $115 for an associate with 5-9 years of

experience, and $70 and $75 for two paralegals are acceptable rates within the Western

District of Louisiana. Such rates are also customary as to the fees normally charged by

the firm. See Record Document 264-1. Thus, the hourly rate is reasonable for purposes

of the lodestar calculation.

Based on the foregoing analysis, the lodestar is $54,058.25. There is a strong

presumption that this lodestar figure is reasonable, “but that presumption may be

overcome in rare circumstances where the lodestar does not adequately take into account

a factor that may be properly considered in determining a reasonable fee.” Perdue, 559

U.S. at 554, 130 S.Ct. at 1673. The lodestar includes most, if not all, of the relevant factors

constituting a reasonable attorney fee. See Pennsylvania v. Delaware Valley Citizens’

Council for Clean Air, 478 U.S. 546, 566, 106 S.Ct 3088, 3098 (1986). Novelty and

complexity of issues, special skill and experience of counsel, quality of representation,

and results obtained from litigation are presumably fully reflected in the lodestar and thus

cannot be independent bases upon which a court increases the lodestar. See Blum v.

Stenson, 465 U.S. at 898–900, 104 S.Ct. at 1548–50. This Court finds that none of the

Johnson factors warrant an increase or decrease in the award sought by Defendant.

Under Rule 1.5(a) of the Louisiana Rules of Professional Conduct, the factors to

be considered in determining the reasonableness of attorney’s fees are substantially

similar to those considered under the federal lodestar analysis. This Court likewise finds

that none of the Rule 1.5(a) factors warrant an adjustment to the award sought by the

Defendant.

As to the third category of costs relating to federal and state depositions identified

in Record Document 264-1, reasonable out-of-pocket expenses such as photocopying,

paralegal assistance, travel, and telephone are recoverable in cost awards. See

Associated Builders & Contractors of La., Inc. v. Orleans Par. Sch. Bd., 919 F.2d 374,

380 (5th Cir. 1990). Ultimately, reasonableness of costs awarded is within the sound

discretion of the Court. See id.; see also La. Code Civ. Proc. Ann. art. 1920.

Accordingly, this Court has reviewed the requested deposition expenses and

strikes Defendant’s request for meal expenses totaling $120.41. This Court otherwise

finds the requested expenses in Record Document 264 reasonable. Thus, the adjusted

total for deposition costs is $20,454.53. Given that the Defendant requested fifty percent

of costs and because the costs are applicable to federal and state suits, an award of fifty

percent of costs is reasonable. Thus, this Court awards the Defendant costs totaling

$10,227.27.

CONCLUSION

Based on the foregoing analysis, this Court finds attorneys’ fees in the amount of

$54,058.25 reasonable and costs in the amount of $10,227.27 to be reasonable.

Defendant H.O. Blackwood, D.D.S. is hereby awarded $64,285.52 in attorneys’ fees and

costs.

An order consistent with the terms of the instant Memorandum Ruling shall issue

herewith.

THUS DONE AND SIGNED, in Shreveport, Louisiana, this 17th day of August,

2021.

on [pele /

S. MAURICE HICKS, JR., CHIEF JUD

UNITED STATES DISTRICT COURT

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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