Nicholas v. Double J Disposal, Inc.

5 Citing cases

  1. Los Alamos Nat'l Bank v. Fid. Bank

    1:18-cv-00613-KG-JHR (D.N.M. Oct. 1, 2019)   Cited 2 times
    Awarding hourly rates of $350.00 per hour and $275.00 per hour

    ; see also Gottlieb v. Barry, 43 F.3d 474, 485 n.8 (10th Cir. 1994) (recognizing that the relevant market rate is "based upon the norm for comparable private firm lawyers in the area in which the court sits"); XTO Energy, 2016 WL 5376322, at *28 ("The rates Holland & Hart charges other clients in different legal markets for different work is not relevant to determining whether the rates that Holland & Hart is charging to litigate the Manley and Betancur cases in Eddy County, New Mexico are reasonable."); Nicholas v. Double J Disposal, Inc., 2016 WL 559185, at *3 n.2 (D. Colo. Feb. 12, 2016) (stating that the relevant community is "the place where the case is brought and where it would be tried," not where the attorneys requesting fees are based); Wirtz v. Kan. Farm Bureau Servs., Inc., 355 F. Supp. 2d 1190, 1200 (D. Kan. 2005) (describing the "relevant community" as "the area in which litigation occurs").

  2. Ostrander v. Customer Eng'g Servs., LLC

    Civil Action No. 15-cv-01476-PAB-MEH (D. Colo. Feb. 20, 2019)   Cited 4 times
    Approving a $7,500 service payment where evidence showed that plaintiff had "been involved at all stages of the litigation, responding to discovery, participating in an all-day deposition, and appearing for . . . mediation"

    Counsel's rates are also higher than the billing rates approved in recent FLSA cases in this district. See, e.g., Lopez v. Highmark Constr., LLP, No. 17-cv-01068-CMA-MLC, 2018 WL 1535506, at *4 (D. Colo. Mar. 29, 2018) (approving of $300 hourly rate for attorney with eleven years of experience representing immigrant workers in FLSA actions); Nicholas v. Double J Disposal, Inc., No. 14-cv-01158-PAB-GPG, 2016 WL 559185, at *3-4 (D. Colo. Feb. 12, 2016) (finding $300 to be a reasonable hourly rate for attorneys with eight to ten years of legal experience); Rios v. Midwest Partitions, Inc., No. 15-cv-01456-PAB-MEH, 2016 WL 7212480, at *6 (D. Colo. Dec. 13, 2016) (approving hourly rates of $225 for attorney with over 35 years representing employees and unions); Baker v. Vail Resorts Mgmt. Co., No. 13-cv-01649-PAB-CBS, 2014 WL 700096, at *3 (D. Colo. Feb. 24, 2014) (finding $280 to be a reasonable hourly rate in FLSA cases for attorneys with between seven and fourteen years of experience); see also US Commodity Futures Trading Comm'n v. R2 Capital Grp. LLC, No. 14-cv-02182-MSK-KLM, 2017 WL 4350365, at *2-3 (D. Colo. Jan. 27, 2017) (surveying billing rates approved in a variety of cases in the District of Colorado and finding $450 and $250 to be reasonable hourly rates for attorneys with more than thirty and more than nine years of experience, respectively). In 2015, this Court specifically found $300 to be a reasonable hourly rate for M

  3. Mosaic Potash Carlsbad, Inc. v. Intrepid Potash, Inc.

    No. 16-cv-0808 KG/SMV (D.N.M. Jun. 14, 2018)

    Some of Plaintiff's attorneys are based in Minneapolis, MN. However, in the Tenth Circuit, "[u]nless the subject of the litigation is 'so unusual or requires such special skills' that only an out-of-state lawyer possesses, 'the fee rates of the local area should be applied even when the lawyers seeking fees are from another area.'" Jane L. v. Bangerter, 61 F.3d 1505, 1510 (10th Cir. 1995) (quoting Ramos v. Lamm, 713 F.2d 546, 555 (10th Cir. 1983)); see also Gottlieb, 43 F.3d at 485 n.8 (relevant market rate is "based upon the norm for comparable private firm lawyers in the area in which the court sits"); XTO Energy, 2016 WL 5376322, at *28 ("The rates Holland & Hart charges other clients in different legal markets for different work is not relevant to determining whether the rates that Holland & Hart is charging to litigate the Manley and Betancur cases in Eddy County, New Mexico are reasonable."); Nicholas v. Double J Disposal, Inc., 2016 WL 559185, at *3 n.2 (D. Colo. Feb. 12, 2016) (relevant community is "the place where the case is brought and where it would be tried," not where the attorneys requesting fees are based). Plaintiff does not argue that the present case is so unusual or complex as to require out-of-state counsel. Therefore, the Court will consider the reasonable fee rate for New Mexico. --------

  4. Augé v. Stryker Corp.

    No. 14-cv-1089 KG/SMV (D.N.M. Sep. 28, 2017)

    However, in the Tenth Circuit, "[u]nless the subject of the litigation is 'so unusual or requires such special skills' that only an out-of-state lawyer possesses, 'the fee rates of the local area should be applied even when the lawyers seeking fees are from another area.'" Jane L. v. Bangerter, 61 F.3d 1505, 1510 (10th Cir. 1995) (quoting Ramos v. Lamm, 713 F.2d 546, 555 (10th Cir. 1983)); see also Gottlieb, 43 F.3d at 485 n.8 (relevant market rate is "based upon the norm for comparable private firm lawyers in the area in which the court sits"); XTO Energy, 2016 WL 5376322, at *28 ("The rates Holland & Hart charges other clients in different legal markets for different work is not relevant to determining whether the rates that Holland & Hart is charging to litigate the Manley and Betancur cases in Eddy County, New Mexico are reasonable."); Nicholas v. Double J Disposal, Inc., 2016 WL 559185, at *3 n.2 (D. Colo. Feb. 12, 2016) (relevant community is "the place where the case is brought and where it would be tried," not where the attorneys requesting fees are based); Wirtz v. Kan. Farm Bureau Servs., Inc., 355 F. Supp. 2d 1190, 1200 (D. Kan. 2005) (relevant community is "the area in which litigation occurs"). Defendants do not suggest that the present case is so unusual or complex as to require out-of-state counsel.

  5. Rios v. Midwest Partitions, Inc.

    Civil Action No. 15-cv-01456-PAB-MEH (D. Colo. Dec. 13, 2016)   Cited 5 times
    Approving hourly rates of $225 for attorney with over 35 years representing employees and unions

    In a more recent opinion, this Court found that $300 was a reasonable rate in FLSA cases for attorneys with 10 and 6 years of experience. Nicholas v. Double J Disposal, Inc., No. 14-CV-01158-PAB-GPG, 2016 WL 559185, at *4 (D. Colo. Feb. 12, 2016). Based on the above-cited cases, the Court finds that the proposed rate of $225 per hour used by the parties to determine the attorney fees in this case is appropriate.