United States District Court, W.D. Louisiana, Lake Charles Division
KATHLEEN KAY, MAGISTRATE JUDGE
August 13, 2019, the court issued a Judgment adopting the
Report and Recommendation of the undersigned which granted
plaintiffs' motion to remand and awarded attorney fees
associated with the improper removal. Doc. 29. In accordance
with the Judgment plaintiffs submitted an Affidavit and a
four (4) page itemized billing statement in support of their
request for attorney fees. Doc. 31. The request for attorney
fees has been referred to the undersigned for issuance of a
Report and Recommendation. Doc. 32.
the amount of reasonable attorneys' fees is a two-step
process. "Initially, the district court must determine
the reasonable number of hours expended on the litigation and
the reasonable hourly rate for the participating
lawyers." Louisiana Power & Light Co. v.
Kellstrom, 50 F.3d 319, 324 (5thCir. 1995)(citing
Hensley v. Eckerhart, 103 S.Ct. 1933, 1939 (1983).
"Then, the district court must multiply the reasonable
hours by the reasonable hourly rates."
Id.(citing Blum v. Stenson, 104 S.Ct. 1541,
1544 (1984). "The product of this multiplication is the
lodestar, which the district court then either accepts or
adjusts upward or downward, depending on the circumstances of
the case." Id.(citing Brantley v.
Surles, 804 F.2d 321, 325 (5thCir. 1986). In conducting
this analysis, the court must consider the factors elucidated
by the Fifth Circuit in Johnson v. Georgia Highway
Express, Inc., 488 F.2d 714 (5thCir. 1974). The factors
are as follows:
(1) the time and labor required,
(2) the novelty and difficulty of the issues,
(3) the skill required to perform the legal services
(4) the preclusion of other employment,
(5) the customary fee,
(6) whether the fee is fixed or contingent,
(7) time limitations imposed by the client or the
(8) the amount involved and the results obtained,
(9) the experience, reputation, and ability of the ...