Opinion
Civil Action No. 05-cv-01933-WDM-MEH.
July 18, 2007
ORDER
Before the Court is the Affidavit of Plaintiff's Counsel, Pursuant to Magistrate Judge's Orders of February 1, 2007, and March 29, 2007 (Superseding) [Docket #136]. Defendants have objected, albeit untimely, to the rate Plaintiffs' counsel charged. Defendants do not object to the other costs requested.
Counsel for Plaintiff's affidavit states that she charges $350 per hour and sets forth her basis for this rate, as well as her length of experience. Defendants argue that this rate is unreasonable and that counsel for Plaintiffs failed to provide sufficient evidence that this rate is consistent with the prevailing market rate in Denver, Colorado.
In awarding fees, the Court must make an independent determination of the reasonableness of the fees, and the Court concludes, based on its own knowledge of rates in the legal community, the a rate of $350 per hour is reasonable based on counsel for Plaintiffs' experience and expertise. See Lucas v. Kmart Corp., No. 99-1923, 2006 U.S. Dist. LEXIS 51420 (D. Colo. July 27, 2006) (considering a rate requested of $330 per hour to be conservative based on the fact that a survey in 2000 indicated that top employment lawyers in Denver at that time were charging $325 per hour).
Accordingly, the affidavit of fees and costs submitted by Plaintiffs is appropriate, and Defendants shall pay $2,737.50 to counsel for Plaintiffs' on or before August 10, 2007. A Certificate of Compliance shall also be filed with the Court no later than August 10, 2007.