Automated Summary
Key Facts
Plaintiff Dr. Walter Turkowski sued Poplar Bluff Regional Medical Center and Cross Country Locums (CCL) for alleged age and disability discrimination, and retaliatory termination under the Missouri Human Rights Act. CCL moved to dismiss the claims against it, arguing the plaintiff was an independent contractor without standing. The court granted the motion to dismiss without prejudice and later approved CCL's verified motion for attorney fees of $15,393.50 after determining the fees were reasonable and customary for the Eastern District of Missouri. The plaintiff did not oppose the fee request.
Issues
- The court addresses whether defendant Cross Country Locums (CCL) can recover attorney fees under the contract with plaintiff Dr. Turkowski, following the dismissal of CCL from the case. The motion is granted as the plaintiff failed to oppose the fees, and the court finds the requested amount reasonable under Missouri law.
- The court evaluates the reasonableness of CCL's attorney fee request using the lodestar method, considering hourly rates, hours worked, and other factors. The fees are deemed justified and in line with customary rates in the Eastern District of Missouri, with no opposition from the plaintiff.
Holdings
The Court granted defendant Medical Doctor Associates, LLC d/b/a Cross Country Locums' verified motion for attorney fees. The judgment awards CCL $15,393.50 in fees and costs, citing the contract between the parties, the plaintiff's failure to respond or object to the motion, and the Court's determination that the fees were reasonable, recoverable under Missouri law, and sufficiently supported by evidence. The Court emphasized the plaintiff's aggressive litigation strategy as a factor in the cost incurred.
Remedies
Judgment was entered in favor of defendant Medical Doctor Associates, LLC d/b/a Cross Country Locums and against plaintiff Dr. Walter Turkowski in the amount of $15,393.50.
Monetary Damages
15393.50
Legal Principles
The court applied the lodestar method to calculate attorney fees, which involves multiplying the number of hours reasonably expended by the reasonable hourly rates. This method is guided by contract terms and Missouri law, which permit fee recovery for prevailing parties under contractual agreements. The court also emphasized that a party cannot litigate aggressively and later contest the costs incurred due to their litigation strategy.
Precedent Name
- Williams v. Fin. Plaza, Inc.
- DocMagic, Inc. v. Mortgage P'Ship of Am., L.L.C.
- Moysis v. DTG Datanet
- Burton v. Nilkanth Pizza Inc.
- Fish v. St. Cloud State Univ.
- Fires v. Heber Springs Sch. Dist.
- Vines v. Welspun Pipes, Inc.
Cited Statute
Missouri Human Rights Act (MHRA)
Judge Name
Stephen N. Limbaugh, Jr.
Passage Text
- The Court finds that the hourly rates presented by CCL are reasonable and customary for similar work in the Eastern District of Missouri.
- Based on the foregoing, the Court concludes that the amounts sought are sufficiently supported by the evidence, are recoverable under governing law, and are reasonable.
- the verified motion for attorney fees will be GRANTED.