Opinion
8:23-cv-1423-CEH-AAS
02-14-2024
JASON LICHTENSTEIN, on his own behalf and on behalf of those similarly situated, Plaintiff, v. ANUVIA PLANT NUTRIENTS CORPORATION and ANUVIA PLANT CITY, LLC, Defendants.
REPORT AND RECOMMENDATION
AMANDA ARNOLD SANSONE UNITED STATES MAGISTRATE JUDGE
Plaintiff Jason Lichtenstein moves for an award of attorneys' fees in the sum of $6,950.00 against Defendants Anuvia Plant Nutrients Corporation and Anuvia Plant City, LLC (collectively, the defendants). (Doc. 24). The defendants did not respond to Mr. Lichtenstein's motion. Accordingly, it is RECOMMENDED that Mr. Lichtenstein's motion be GRANTED.
See Local Rule 3.01(c), M.D. Fla. (“A party may respond to a motion within fourteen days after service of the motion.... If a party fails to timely respond, the motion is subject to treatment as unopposed.”).
I. ANALYSIS
The court entered judgment against the defendants, including a ruling that Mr. Lichtenstein was entitled to an award of his reasonable attorney's fees. (Doc. 20). A reasonable attorney's fee award is “properly calculated by multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate.” Am. Civil Liberties Union of Ga. v. Barnes, 168 F.3d 423, 427 (11th Cir. 1999). This number, often called the “lodestar,” carries a strong presumption of reasonableness, but may be adjusted by the court. Id. at 427; Bivins v. Wrap It Up, Inc., 548 F.3d 1348, 1350 (11th Cir. 2008). The fee applicant must demonstrate reasonableness, which includes “supplying the court with specific and detailed evidence.” Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292, 1303 (11th Cir. 1988). In addition, a court may use its own experience in assessing the reasonableness of attorney's fees. Id.
A. Reasonable Hourly Rate
Mr. Lichtenstein requests the court find Attorney Jay P. Lechner's billing rate of $500.00 per hour is reasonable. (See Doc. 24, pp. 2-4). Attorney Lechner is a Florida Bar board certified labor and employment lawyer with 22 years' experience representing both employees and employers in all aspects of employment law matters. (Id.). Considering the results achieved, Attorney Lechner's experience, reputation, skill, and lack of objection, the undersigned recommends the court find Attorney Lechner's billing rate of $500.00 per hour is reasonable. See Lumpuy v. Scottsdale Ins. Co., No. 8:11-cv-2455-T-24 MAP, 2015 WL 1708875, at *2 (M.D. Fla. Apr. 15, 2015) (“the Court concludes that [attorney's] requested rate of $500 per hour is reasonable”); Golf Clubs Away, LLC v. Hostway Corp., No. 11-62326-CIV, 2012 WL 2912709, at *4 (S.D. Fla. July 16, 2012) (finding $500 per hour rate for partners is reasonable).
B. Hours Requested
Mr. Lichtenstein requests $6,950.00, representing 13.90 hours billed by Attorney Jay P. Lechner. (See Doc. 24, pp. 4-5). After thorough review of the attorney time ledger, the undersigned recommends the court find 13.90 hours is reasonable.
II. CONCLUSION
For the reasons stated, it is RECOMMENDED that Mr. Lichtenstein's motions for an award attorney's fees (Doc. 24) be GRANTED in the amount of $6,950.00.
NOTICE TO PARTIES
The parties have fourteen days from the date they are served a copy of this report to file written objections to this report's proposed findings and recommendations or to seek an extension of the fourteen-day deadline to file written objections. 28 U.S.C. § 636(b)(1); 11th Cir. R. 3-1. A party's failure to object timely under 28 U.S.C. § 636(b)(1) waives that party's right to challenge on appeal the district court's order adopting this report's unobjected-to factual findings and legal conclusions. 11th Cir. R. 3-1.