Opinion
Case No. 10-3386 SC.
September 29, 2011
ORDER GRANTING PLAINTIFFS' MOTION FOR ATTORNEY'S FEES
I. INTRODUCTION
Before the court is a Motion for Attorney's Fees filed by Plaintiffs Board of Trustees of the Carpenters Pension Trust Fund for Northern California, et al. ("Plaintiffs"), against Defendant Mark Alan Lindquist ("Defendant"). ECF No. 50 ("Mot."). Defendant did not file an Opposition.
II. BACKGROUND
This action arises from Plaintiffs' efforts to recover withdrawal liability from Defendant under the Employee Retirement Income Security Act ("ERISA"). On July 19, 2011, the Court granted summary judgment in favor of Plaintiffs. The Court held that, pursuant to 29 U.S.C. § 1451(b), Plaintiffs were entitled to $954,508.00 in unpaid principal withdrawal liability, $95,450.80 in liquidated damages, applicable interest in an amount to be determined, and attorney's fees and costs. Id. at 17. The Court granted Plaintiffs thirty days to file a motion for attorneys' fees and costs. Id. On August 11, 2011, Plaintiffs filed the instant Motion requesting attorney's fees in the amount of $51,825.00 and costs in the amount of $515.58. Mot. at 2. On August 12, 2011, Defendant appealed the grant of summary judgment against him. ECF No. 52 ("Not. of Appeal.").
For the following reasons, the Court finds these amounts to be reasonable and GRANTS Plaintiffs' Motion. The Court STAYS this Order until Defendant's appeal is resolved.
III. LEGAL STANDARD
IV. DISCUSSION
Lads Trucking Co. v. Board of Trustees, W. Conf. Teamsters Pension Trust Fund777 F.2d 1371 1373-75Welch v. Metropolitan Life Ins. Co.480 F.3d 942945Id. Id. Id. Id.
Plaintiffs' counsel charged an hourly rate of between $225 and $275 for attorney time and $115 for paralegal time. McDonough Decl. ¶¶ 4, 9. Counsel attest that the hourly fees charged for this litigation are consistent with prevailing market rates for litigation involving union-sponsored benefit funds. Id. ¶ 6. A court can rely on the declaration of the plan's attorney regarding the prevailing fees in the community. United Steelworkers v. Retirement Income Plan for Hourly-Rated Employees of Asarco, Inc., 512 F.3d 555, 565 (9th Cir. 2008). The rates charged are also in accord with rates approved in comparable cases in this district. See, e.g., Bd. of Trustees of the Boilermaker Vacation Trust v. Skelly, Inc., 389 F.Supp.2d 1222, 1227-1228 (N.D. Cal. 2005) (finding attorney rates of $210 per hour and $345 per hour to be reasonable in an ERISA action seeking payment of delinquent contributions). Therefore, the Court finds Plaintiffs' counsel's hourly rates to be reasonable. The Court finds no rare or exceptional circumstances that warrant adjusting the fee award in this case upward or downward. Accordingly, the Court finds that Plaintiffs are entitled to recover a lodestar amount of $51,825.00.
Plaintiffs have also submitted billing records showing that they incurred $515.58 in costs of delivering pleadings and other documents to this Court. McDonough Decl. at ¶ 12; Billing Records. Plaintiffs are entitled to recover these delivery costs as part of their reasonable attorney's fees. Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Redland Ins. Co., 460 F.3d 1253, 1257 (9th Cir. 2006). Accordingly, the Court finds that Plaintiffs are entitled to recover a total sum of $52,340.58.
V. CONCLUSION
For the foregoing reasons, the Court GRANTS the Motion for Attorney's Fees filed by Plaintiffs Board of Trustees of the Carpenters Pension Trust Fund for Northern California, et al. against Defendant Mark Alan Lindquist in the amount of $52,340.58. This Order is hereby STAYED until the Ninth Circuit rules on Defendant's appeal and returns the case to this Court's jurisdiction.
IT IS SO ORDERED.