United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER GRANTING IN PART MOTION
FOR ATTORNEYS' FEES
Nuffer United States District Judge
ASL Communications (“ASLC”) is entitled to an
award of its reasonable attorneys' fees incurred in
defending against Plaintiffs' claims under the Americans
with Disabilities Act (“ADA”). ASLC seeks an
award of $44, 330.00 in attorneys' fees. Plaintiffs
responded to ASLC's Motion for Attorneys' Fees,
did not challenge the reasonableness of the requested fees.
the amount of attorneys' fees requested by ASLC is
reasonable, ASLC's Motion for Attorneys'
is GRANTED IN PART. The amount of ASLC's fee award is
reduced to $43, 005.00 because $1, 325.00 of ASLC's
requested fees have already been awarded to ASLC against
claims against ASLC were dismissed with prejudice on summary
judgment.The Summary Judgment Order determined that
ASLC is entitled to an award of its reasonable attorneys'
fees incurred in defending against Plaintiffs' ADA
determine a reasonable attorneys' fee, a
“lodestar” figure is arrived at “by
multiplying the hours . . . counsel reasonably spent on the
litigation by a reasonable hourly rate.” Factors for
determining the reasonableness of the hours billed for a
given task or to prosecute the litigation as a whole include:
the complexity of the case; the number of reasonable
strategies pursued; the responses necessitated by the
maneuvering of the other side; and the potential duplication
requests an award of $44, 330.00 in attorneys' fees as
the prevailing party on Plaintiffs' ADA
claims. ASLC supports its request with an
affidavit of counsel, which identifies counsels'
experience and hourly billing rates, and an itemization of
the work performed and the time spent in performing the
work. In reaching its requested amount, ASLC
apportioned fees solely incurred in defense of
Plaintiffs' ADA claims from fees incurred in defending
against Plaintiffs' non-ADA claims. In instances
where ASLC's fees were attributable to both ADA and
non-ADA claims, ASLC allocated 85% of the time to ADA claims
and 15% of the time to non-ADA claims. ASLC's
basis for this allocation was that:
(i) four of Plaintiffs' seven claims against ASLC were
(ii) the factual basis for all seven claims was nearly
(iii) the vast majority of the combined work undertaken on
ADA and non-ADA claims was necessary to defend against the
ADA claims; and
(iv) the number of hours spent by counsel was increased by
Plaintiffs and/or their counsel's dilatory
requested fees also include $1, 325.00 for 5.60 hours of
attorney time billed in connection with Plaintiffs'
motion for extension of time for expert reports, which was
previously ordered to be paid by Plaintiffs' counsel,
Jared Allebest, but has not yet been paid.
have not challenged ASLC's rationale in allocating time
among ADA and non-ADA claims, nor the reasonableness of
ASLC's requested fees. After careful review of ASLC's
Motion for Attorneys' Fees and Counsel's Affidavit,
and consideration of the complexity of the case, the work
performed and the record, under the appropriate legal
standards, ASLC's requested attorneys' fees in the
amount of $44, 330.00 is reasonable. However, it is
appropriate this amount be reduced by $1, 325.00 given the
prior award of fees to ASLC against Plaintiffs'
counsel. Therefore, ASLC is entitled to an award
of $43, 005.00 in attorneys' fees for defending against
Plaintiffs' ADA claims.
argue that ruling on ASCL's Motion for Attorneys'
Fees is premature because they filed (on the same day as
their Response) a motion seeking certification of the Summary
Judgment Order as a final judgment under Fed.R.Civ.P.
54(b). This argument lacks merit. Given the
timing and briefing schedules of ASLC's Motion for
Attorneys' Fees and Plaintiffs' Rule 54(b) Motion,
there is no legitimate reason for the judgment dismissing
Plaintiffs' claims against ASLC to not also ...