Opinion
No. 01 C 2487
May 1, 2002
REPORT AND RECOMMENDATION of Magistrate Judge Edward A. Bobrick, Magistrate Judge
Before the court is the petition of Gillespie Pontiac for an award of reasonable attorney's fees and expenses against plaintiff's counsel.
This court entered a sanction of reasonable attorney's fees and expenses against plaintiffs counsel under Fed.R.Civ.P. 11. Defendant has now filed a petition, supported by an itemized billing statement and affidavit, for an award of fees and costs in the amount of $9930.00. Plaintiff has responded to the petition, calling into question several billing entries.
Review of defendant's petition does not present any anomalies. The hourly rate defense counsel seeks — $100 per hour — is certainly well within reason for cases of this type. See, e.g., Fogle v. William Chevrolet/Geo, Inc., 275 F.3d 613, 615 (7th Cir. 2001). Similarly, the total time billed does not cause concern, generated as it was by plaintiffs pursuit of an unfounded claim. Accordingly, the court will address the plaintiffs specific arguments against the petition.
First, plaintiff argues that the entries for review of correspondence dated December 7, 2001, and December 14, 2001, were duplicative and regarded the same correspondence. This is not the case, as defendant has submitted copies of the two separate letters — sent by plaintiff — reflected in the billing statement. Next, plaintiff calls into question the time billed for receipt and review of minute orders from this court. There are three such entries — December 10, 2001, January 7, 2002, and January 29, 2002 — all billed at .20 hours. We do not find that twelve minutes is an inordinate amount of time to receive and review these orders, especially when the process involves diary entries, docketing, and filing.
Plaintiff cites another instance of purported double billing for entries dated December 18, 2001, and January 28, 2002. Both entries are described as the review of plaintiffs response to the defendant's petition for fees. As defendant explains, these entries merely reflect the initial receipt and review or the document, followed by a second review of the document six weeks later in preparation for the rule to show cause hearing on January 28, 2002. This court will certainly not begrudge defense counsel their time spent in preparation for this court's hearing.
Finally, plaintiff finds three entries for January 28, 2002, to be excessive. These total 1.5 for review of the briefs regarding the rule to show cause and petition for attorney's fees, as well as general preparation for the hearing on the rule to show cause. Again, the court finds this a reasonable time spent in review and preparation for a serious and somewhat sensitive matter.
For the foregoing reasons, it is hereby recommended that the plaintiff's counsel be ordered to pay the defendant reasonable attorney's fees in the amount of $9930.00 within fifteen days.
Any objections to this Report and Recommendation must be filed with the Clerk of the Court within ten (10) days of receipt of this notice. Failure to file objections within the specified time waives the right to appeal the District Court's order. Fed.R.Civ.P. 72; Thomas v. Am, 474 U.S. 140 (1985); The Provident Bank v. Manor Steel Corp., 882 P.2d 258, 330 (7th Cir. 1989).