Opinion
2:09-cv-1150-RCJ-GWF.
February 4, 2011
ORDER
Currently before the Court is Defendants' Request for Attorneys Fees in Compliance with LR 54-16 (#144). The Court heard oral argument on January 21, 2011.
BACKGROUND
Plaintiffs Eddie Page, Ian Blankenship, Thomas Levandoski, Michael Moretti, and Joyce Vance sued Defendants Grandview Marketing, Inc. and Kevin Sheehan for failure to pay overtime wages. On November 5, 2009, Blankenship sent an e-mail to Plaintiffs' attorneys stating that he did not want to continue with the case. (See Blankenship Email No. 1 (#107) at Ex. A). In February 2010, Plaintiffs filed an amended complaint. (Amended Complaint (#80)). In April 2010, Defendants filed a motion for summary judgment against Blankenship, arguing that he no longer wished to pursue the action and was exempt from the Fair Labor Standards Act's overtime provisions. (Mot. for Summary Judgment (#87). Rather than respond, Plaintiffs moved for an extension of time. (Mot. to Extend Time (#89)). On May 10, 2010, Blankenship sent an e-mail to his attorneys reasserting his decision to not be involved in the lawsuit. (See Blankenship Email No. 2 (#107) at Ex. B). On May 20, 2010, Blankenship moved to voluntarily dismiss his claims against Defendants without prejudice. (Mot. to Dismiss (#101)).
In an order, this Court dismissed Blankenship's case with prejudice and awarded Defendants' attorneys' fees because "Defendants have incurred costs of defending Blankenship's claims for over a year." (Order (#141) at 4). This Court agreed "with Defendants that Blankenship's attorneys unreasonably and vexatiously multiplied the proceedings, and . . . order[ed] them to pay the attorneys fees and costs as requested." ( Id. at 5). This Court ordered Defendants' attorneys to file a separate affidavit and a proposed order for this purpose. ( Id.).
Defendants' filing is now before the Court.
DISCUSSION
Defendants filed a motion in compliance with LR 54-16. (Mot. for Att'y Fees (#144)). Defendants seek attorneys' fees in the amount of $12,706.00 for work performed between November 5, 2009, when Blankenship sent his first email to his attorneys stating that he did not want to participate in the lawsuit, through May 2010, when Blankenship sent his second email to his attorneys stating that he did not want to participate in the lawsuit and when his attorneys complied with his wishes. ( Id. at 3-4). Defendants do not seek costs. ( Id. at 3).
In response, Plaintiffs' attorneys argue that Blankenship authorized them to continue to represent him throughout the case until May 10, 2010, and, thus, Defendants are not entitled to attorneys' fees spent on discovery or drafting their motion for summary judgment. (Opp. to Mot. for Att'y Fees (#149) at 2). Alternatively, Plaintiffs' attorneys argue that the factors for reasonable and necessary attorneys' fees do not support the amount claimed by Defendants because Defendants filed their motion for summary judgment six months ahead of the Court's schedule for dispositive motions. ( Id. at 4). They argue that Defendants should not recover any attorneys' fees. ( Id. at 4-5). However, they assert that, if attorneys' fees are awarded, this Court should order fees against the Tran Law Firm, LLP, only and not against local counsel Leon Greensberg. ( Id. at 5).
Here, Plaintiffs' attorneys attempt to re-litigate decisions this Court already has made. In this Court's previous order, this Court found that Defendants were entitled to attorneys' fees after November 5, 2009. (See Order (# 141) at 4-5). Thus, Plaintiffs' attorneys attempt to, once again, argue that they had authority through May 10, 2010, to continue with the lawsuit is unavailing. ( Compare Order (#141) at 4, with Opp. to Mot. for Att'y Fees (#149) at 3). Accordingly, this Court grants Defendants' request for attorneys' fees (#144) against the Tran Law Firm, LLP.
CONCLUSION
For the foregoing reasons, IT IS ORDERED that Defendants' Request for Attorneys Fees in Compliance with LR 54-16 (#144) is GRANTED against the Tran Law Firm, LLP in the amount of $12,706.00.
DATED: This 4th day of February, 2011.