Automated Summary
Key Facts
This Court Order from the United States District Court Middle District of Florida Tampa Division adopts a Magistrate Judge's Report and Recommendation regarding attorney fees for Akerman LLP's services to the Receiver in Case No. 8:24-cv-01459-JLB-AAS. The Court finds $150.00 per hour for paralegals and $350.00 per hour for attorney Bentley Harris reasonable in the Tampa legal community, authorizing Akerman LLP to receive $10,350.00 in fees and $150.19 in expenses. The Receiver's Limited Objection to the Report and Recommendation is overruled.
Issues
- The court considered whether to adopt the Magistrate Judge's Report and Recommendation regarding the Receiver's Second Application for Payment for Services Rendered and Costs Incurred by Akerman LLP, which recommended partial approval of the requested fees.
- The court determined whether the requested hourly rates for paralegals ($300) and attorney ($775) were reasonable in the Tampa legal community, ultimately finding $150/hour for paralegals and $350/hour for the attorney appropriate based on prevailing market rates.
- The court evaluated whether the $150.19 in out-of-pocket costs claimed by the Receiver should be reimbursed, determining this amount to be reasonable and warranting approval.
Holdings
The Court adopted the Magistrate Judge's Report and Recommendation, granting the Receiver's Second Application for Payment in part and denying it in part. The Court overruled the Receiver's Limited Objection to the Report and Recommendation. The Receiver is authorized to award Akerman LLP $10,350.00 in fees and $150.19 in expenses for services rendered from February 1, 2025 through June 30, 2025.
Remedies
- The Court adopted the Magistrate Judge's Report and Recommendation (Doc. 147) as part of this Order for all purposes, finding the hourly rates of $150.00 for paralegals and $350.00 for attorney reasonable in this community.
- The Court overruled the Receiver's Limited Objection to the Report and Recommendation (Doc. 149), which had objected only to the hourly rates for paralegals and attorney.
- The Court adopted the Magistrate Judge's Report and Recommendation and authorized the Receiver to award Akerman LLP $10,350.00 in fees and $150.19 in expenses for services rendered from February 1, 2025 through June 30, 2025.
Legal Principles
28 U.S.C. § 636(b)(1) requires a district judge to make a de novo determination of those portions of the magistrate judge's report or recommendations to which objection is made. The prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation constitutes a reasonable hourly rate. The court may consider its own knowledge and experience concerning reasonable and proper fees and may form an independent judgment. Factors include required time and labor, difficulty of the questions, skill needed, customary fee, and fee awards in similar cases.
Precedent Name
- Sarno v. Oviedo Beautiful Flowers & Gifts, Inc.
- Norman v. Hous. Auth. of City of Montgomery
- Fed. Trade Comm'n v. Ecom Genie Consulting LLC
- Campbell v. Green
- Bishop v. VIP Transportation Grp., LLC
- Johnson v. Georgia Highway Express, Inc.
- Fed. Trade Comm'n v. Mobe Ltd.
Cited Statute
28 United States Code
Judge Name
John L. Badalamenti
Passage Text
- The Court agrees with the Report and Recommendation's finding that $150.00 and $350.00 per hour for the paralegals and attorney respectively is reasonable in this community.
- A reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation. Norman v. Hous. Auth. of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988).
- Thus, the Court finds that the thorough and well-reasoned Report and Recommendation is due to be adopted. Accordingly, it is ORDERED that the Report and Recommendation is ADOPTED and made a part of this Order for all purposes.