Summary
applying an across the board reduction of 30% for block billing in an FLSA case awarding $11,466.70 instead of the requested $17,516
Summary of this case from Ford v. Navika Capital Grp., LLCOpinion
CASE NO. 8:14-cv-844-T-23EAJ
07-27-2015
ANTHONY GRIGOLI, Plaintiff, v. SCOTT COCHRANE INC., et al., Defendants.
ORDER
A March 13, 2015 order (Doc. 27) refers the defendants' motion (Doc. 26) "for reasonable attorney's fees" to the magistrate judge. A July 1, 2015 report (Doc. 43) recommends that, although the defendants failed to timely request an attorney's fee, "the Court . . . award fees pursuant to its inherent power to sanction." (Doc. 43 at 7) See Chambers v. NASCO, Inc., 501 U.S. 32, 49 (1991) ("[T]he inherent power of a court can be invoked even if procedural rules exist which sanction the same conduct."); Peer v. Lewis, 571 Fed. Appx. 840, 844 (11th Cir. 2014) (per curiam) (allowing a district court to impose "Rule 11-type sanctions" based on the court's "inherent power"). The report finds that the plaintiff "litigated in bad faith by representing that he was not paid overtime wages when he had already accepted payment from Defendants." (Doc. 43 at 5) See Chambers, 501 U.S. at 49 ("[An] invocation of the inherent power would require a finding of bad faith."). More than seventeen days has passed, and the plaintiff fails to object to the report. The report and recommendation (Doc. 43) is ADOPTED. For the reasons stated in the report, the defendants' motion (Doc. 26) "for reasonable attorney's fees" is GRANTED. The clerk is directed to enter judgment for the defendants and against the plaintiff for $8,190.50 in an attorney's fee.
Rule 54(d)(2)(B)(i), Federal Rules of Civil Procedure, states that a motion for an attorney's fee "must . . . be filed no later than 14 days after the entry of judgment." --------
ORDERED in Tampa, Florida, on July 27, 2015.
/s/_________
STEVEN D. MERRYDAY
UNITED STATES DISTRICT JUDGE