United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
R. SPAULDING UNITED STATES MAGISTRATE JUDGE.
THE UNITED STATES DISTRICT COURT:
cause came on for consideration without oral argument on the
following motion filed herein:
MOTION: PLAINTIFF'S VERIFIED APPLICATION
ATTORNEY'S FEES, COSTS, EXPERT WITNESS FEES AND
LITIGATION EXPENSES (Doc. No. 20)
FILED: September 16, 2017
April 10, 2017, Plaintiff, Patricia Kennedy, filed a
complaint against Defendants, KSK Investments, LLC and HJ
Florida, Inc., alleging that Defendants violated the
Americans with Disabilities Act (“ADA”) by
failing to comply with the Standards for New Construction and
Alterations, 28 C.F.R. pt. 36, App. A, at the Days Inn
Titusville Kennedy Space Center, a place of public
accommodation. Doc. No. 1. On May 3, 2017, counsel for
Defendants sent an email to Thomas Bacon, Esq., one of the
attorneys for Plaintiff, asking for a proposed consent decree
and fee/cost demand, but the case was not resolved at that
time. Doc. No. 21-1, at 1. Defendants answered the complaint
on May 26, 2017. Doc. No. 14.
on August 18, 2017, counsel for the parties filed a
Stipulation for Approval and Entry of Consent Decree and
Dismissal of Case with Prejudice, which indicated that the
parties agreed that the Court should reserve jurisdiction to
determine the amount of attorneys' fees, litigation
expenses and costs due to Plaintiff. Doc. No. 15. The Court
approved the stipulation by order dated August 30, 2017, and
gave counsel leave to file the above-referenced motion. Doc.
No. 17. Defendants have responded to the motion. Doc. No. 21.
By order of the Court, counsel for Plaintiff filed
supplemental evidence of the costs and expenses incurred.
Doc. No. 27.
Court referred the motion to me for issuance of a Report and
Recommendation. I required counsel for the parties to confer,
again, in a good faith attempt to resolve the issues
presented in the motion and response. Counsel for Defendants
filed a transcript of this conference, which was attended by
a court reporter. Doc. No. 23-1. Counsel were unable to
resolve any of the issues in the motion. Accordingly, the
motion is ripe for resolution.
for the parties agree that Plaintiff is entitled to an award
of attorneys' fees, including litigation expenses and
costs actually incurred. See, e.g., Doc. No. 17 at 3
n.3. In support of the motion, Plaintiff filed the resumes of
her counsel of record, Attorney Bacon and Philip Michael
Cullen, III, Esq. Doc. Nos. 20-1, 20-2. Plaintiff also filed
an invoice reflecting the tasks performed, the time expended
by counsel and an unidentified paralegal, and a summary of
costs and expenses without supporting documents showing the
actual costs and expenses incurred. Doc. No. 20-3. Pursuant
to an order of the Court, Plaintiff later filed supplemental
affidavits of Attorneys Bacon and Cullen regarding the costs
and expenses incurred. Doc. Nos. 27-1, 27-2.
I will address the reasonable fees for the work of
Plaintiff's attorneys and a paralegal. Next, I will
address the litigation expenses and costs sought by
authorizes a court, in its discretion, to allow the
prevailing party, other than the United States, a reasonable
attorney's fee, including litigation expenses and costs.
42 U.S.C. § 12205. “In calculating a reasonable
attorney's fee award, the court must multiply the number
of hours reasonably expended on the litigation by the
customary fee charged in the community for similar legal
services to reach a sum commonly referred to as the
‘lodestar.'” Ass'n of Disabled Ams.
v. Neptune Designed, Inc., 469 F.3d 1357, 1359 (11th