United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFFS' MOTION FOR ADJUDICATION OF
J. SHELBY UNITED STATES CHIEF DISTRICT JUDGE.
Alex Moreno and Erika Miranda sued Defendant Heideman &
Associates (Heideman) for alleged violations of the Federal
Fair Debt Collections Practices Act. Heideman made an offer of
judgment under Federal Rule of Civil Procedure 68. In
relevant part, that offer provided,
Defendant Heideman & Associates (“H&A”)
hereby offers to allow judgment to be taken against it, and
in favor of Plaintiffs, Alex Moreno and Erika Miranda
(hereinafter “Plaintiffs”), in the amount of $2,
000.01, plus all reasonable attorneys [sic] fees
and costs incurred to date, to resolve all claims
against it in the above captioned case against
and Miranda accepted the offer. But a dispute later arose over
the amount representing a reasonable attorney's
Before the court is Plaintiffs' Motion for Adjudication
of Attorney's Fees.
argue they are entitled to an award in the amount of all
reasonable attorney's fees they incurred as of the date
of the Rule 68 offer plus all reasonable
attorney's fees they incurred for “the collection
of the judgment.” But the Rule 68 offer specifically
provided for the recovery only of “reasonable attorneys
[sic] fees and costs incurred to date.” Consistent with
the plain language of the Rule 68 offer, the court will award
an amount equal to the reasonable attorney's fees Moreno
and Miranda incurred as of the date of the Rule 68 offer:
October 23, 2018.
careful review of the accounting records submitted,
using a lodestar method that multiplies reasonable local
hourly rates by the number of hours an attorney would have
reasonably spent on the litigation, the court finds the
reasonable attorney's fees and costs incurred by Moreno
and Miranda as of October 23, 2018 is $4, 116.90.
resolve the Motion for Adjudication of Attorney's Fees,
as well as related Motions before it, the court:
- GRANTS in part and DENIES in part Moreno's and
Miranda's Motion for Adjudication of Attorney's
- DIRECTS the clerk of court to enter judgment in favor of
Moreno and Miranda in the amount of $6, 116.91.
- DENIES Heideman's Motion to Enforce Release of
Claims/Objection to Entry of Judgment and Cross
Motion for Attorney's Fees.
- DIRECTS the clerk of court to close this case.