Fees Awarded in Retaliation Case

An African-American boat painter who won his retaliation claim against a boatyard owner who shared with another local boatyard that the painter had filed an EEOC charge after he was terminated, now wins attorney’s fees as the Richmond U.S. District Court magistrate judge awards plaintiff $3,825 in fees.

Plaintiff moved for an additional award of costs and fees incurred as a result of having to respond to defendant’s motion to alter or amend the judgment. The requested fees total $6,950. The reasonableness of the hourly rates for counsel is not in dispute, having already been established sub judice. Defendant challenges as unreasonable plaintiff’s use of two attorneys to prepare the response to the motion and the number of hours allegedly expended by the attorneys.

Under the law of the case doctrine, plaintiff’s entitlement to attorney’s fees is no longer at issue.

Notwithstanding the “law of the case,” the court also concludes an additional award of attorney’s fees is proper on the grounds that, contrary to defendant’s argument, the submission of plaintiff’s second motion for attorney’s fees was timely.

Upon consideration of the expenses submitted by plaintiff’s counsel, the court finds the number of hours reported to be excessive, or duplicative in some respects, so as to warrant a reduction. The court will deduct from its calculation of reasonable hours expended the 3.75 hours claimed by one attorney and 8 of the 23.30 hours spend preparing the motion from 27.05 to 15.30 ours, at a rate of $250, for a total fee award of $3,825.

Coles v. Deltaville Boatyard LLC (Dohnal) No. 3:10cv491, Jan. 25, 2012; USDC at Richmond, Va. VLW 012-3-017, 7 pp.