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Ryan v. Calcasieu Parish Police Jury

United States District Court, W.D. Louisiana, Lake Charles Division

October 18, 2019

STACEY RYAN, ET AL
v.
CALCASIEU PARISH POLICE JURY, ET AL

          Judge SUMMERHAYS

          MEMORANDUM ORDER

          KATHLEEN KAY, MAGISTRATE JUDGE

         On 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.

         Determining 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 properly,
(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 circumstances,
(8) the amount involved and the results obtained,
(9) the experience, reputation, and ability of the ...

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