Opinion
Civil Action No: 99-3860, Section: "J"(4)
April 19, 2001
On April 11, 2001, the defendant, American Diesel Ship Repairs, Inc. ("defendant") filed a Motion to Set Attorney's Fees and Expenses (doc. #67), seeking to recover $33,129.94 in legal fees and $9,041.16 in litigation expenses incurred in defending against the plaintiff's claims. Upon review of the motion, however, the Court finds that the defendant has failed to submit sufficient information for the Court to make a determination of the "hours reasonably expended" or the "reasonable hourly rate." Additionally, the Court finds that the defendant has failed to submit adequate evidence that the claimed expenses were reasonable and necessary to defend against the plaintiff's claims.
Following a bench trial, the District Judge, on March 28, 2001, entered judgment in favor of American Diesel and against Fusion, Inc. in the amount of $184,253.06 (the amount awarded the plaintiff against American Diesel). The Court also awarded American Diesel its reasonable costs and attorney's fees incurred in defending against the plaintiffs claims. See doc. #66. March 28, 2001 Judgment (Barbier, J.). The matter was then referred to the undersigned United States Magistrate Judge for a determination of the appropriate amount to be awarded. See doc. #68. April 12, 2001 Order of Reference.
A. Attorneys Fees
It is the applicant's burden to establish the reasonableness of the number of hours expended. Von Clark v. Butler, 916 F.2d 255, 259 (5th Cir. 1990). In this respect, Local Rule 54.2 provides that all parties who apply to this Court for attorney's fees shall submit contemporaneous billing records, reflecting the date, time involved, and nature of the services performed. See Local Rule 54.2 (emphasis added).
In the instant case, the defendant failed to submit contemporaneous billing records. Instead, counsel provided the Court with a summary itemization of fees. However, absent an order from the Court for good cause shown, abstracts or summaries of time are not sufficient. See Local Rule 54.2; Leroy v. City of Houston, 831 F.2d 576, 585 (5th Cir. 1987), cert. denied, 486 U.S. 1008 (1988).
Once the number of hours reasonably expended have been established, the Court must then determine a reasonable hourly rate for each of the participating attorneys. A reasonable hourly rate is defined as the prevailing market rate, in the relevant legal community, for similar services by attorneys of reasonably comparable skill, experience and reputation. Blum v. Stenson, 465 U.S. 886, 896 (1984). It is the applicant's burden to produce "satisfactory evidence" that the requested rate is in line with the prevailing market. Id. at 896 n. 11; Louisiana Power Light Co. v. Kellstrom, 50 F.3d 319, 324 (5th Cir.), cert. denied, 516 U.S. 862 (1995).
"Satisfactory evidence" of the reasonableness of the rate necessarily includes not only an affidavit from each attorney performing the work, detailing his background, experience, and usual billing rate, but also evidence of the rates charged in similar cases by other attorneys in the same legal community, who possess similar experience, skill and reputation. See Blum, 465 U.S. at 896, n. 11; Wheeler v. Mental Health Mental Retardation Auth., 752 F.2d 1063, 1073 (5th Cir.), cert. denied, 474 U.S. 824 (1985).
Counsel for the defendant has not provided the Court with any proof of education, background or experience. Nor, has the Court been provided with any evidence of rates charged in similar cases by other local attorneys, who possess similar experience, skill and reputation. Further, the Court notes that while the defendant provided a fee summary, the summary fails to identify the attorney/paralegal and correlating hourly billable rate.
B. Litigation Expenses
The defendant has also requested recovery of $9,041.16 in miscellaneous litigation expenses, including photocopies, deposition transcripts, courier services, long distance usage, computerized legal research, parking, mileage, transportation expenses and witness attendance fees. Upon review of the motion, however, the Court finds that the defendant has not provided the Court with adequate evidence that the claimed expenses were reasonable and necessary to defend against the plaintiff's claims. See Ryan Stevedoring Co., Inc. v. Pan-Atlantic S.S. Corp., 350 U.S. 124 (1956); Todd Shipyards Corp. v. Turbine Service, Inc., 674 F.2d 401 (5th Cir. 1982).
DEefendant's Exhibits 1B, 2 3.
Accordingly,
IT IS THEREFORE ORDERED that in order for the Court to determine the reasonable attorney's fees and expenses incurred by the defendant, counsel for the defendant shall provide the Court with: (1) contemporaneous billing records (not summaries), adequately identifying the attorney/paralegal and correlating hourly billable rate; (2) satisfactory proof of education, background and experience for each participating attorney/paralegal; (3) sufficient evidence of rates charged in similar cases by other local attorneys/paralegals with similar experience, skill and reputation; and (4) adequate evidence that the claimed expenses were reasonable and necessary to defend against the plaintiff's claims, no later than April 27, 2001.