Creekmore v. ABB Power Systems Energy Services, Inc., 93-ERA-24 (ALJ Feb. 4, 1998)

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Creekmore v. ABB Power Systems Energy Services, Inc.,, 93-ERA-24 (ALJ Feb. 4, 1998)

U.S. Department of Labor
Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109
Room 507
(617) 223-9355
(617) 223-4254 (FAX)

DATED: February 4, 1998
Case No.: 93-ERA-24
File No.: 93-107-08298

In the Matter Of:

CALVIN J. CREEKMORE
Complainant

ABB POWER SYSTEMS ENERGY
SERVICES, INC., and
OCTAGON, INC.
Respondents

RECOMMENDED DECISION AND ORDER GRANTING ATTORNEY FEE

Complainant's attorney, having successfully prosecuted this claim by obtaining additional benefits, is entitled to a fee assessed against the Respondents. Complainant's attorney filed a fee application on December 31, 1997, concerning services rendered and costs incurred in representing Complainant between February 14, 1997 and September 19, 1997. The law firm of Gilman and Marks seeks a fee of $23,650.37 (including expenses) based on 126.60 hours of attorney time at $175.00 per hour.¹

[Page 2]

A prevailing party is entitled to an award of reasonable attorney's fees and costs incurred by the complainant in bringing the complaint. 42 U.S.C. §5851(b)(2)(B). In awarding attorney's fees, the Secretary generally employs the lodestar method which requires multiplying the number of hours expended in bringing the litigation by a reasonable hourly rate. Clay v. Castle Coal and Oil Company, Inc., Case No. 90-STA-37 (Sec. Dec. June 3, 1994) at p. 4, rev'd on other grounds, sub nom. Castle Coal & Oil, Inc. v. Reich, 55 F.3d 41 (2d Cir. 1995), citing Hensley v. Eckerhart, 461 U.S. 424 (1983).

In light of the nature and extent of the excellent legal services rendered to Complainant by his attorney, the amount of benefits obtained for Complainant and the Respondents lack of objections on the requested fee, I find a legal fee of $23,650.37 including expenses amounting to ,495.37, is fair and reasonable, and is hereby approved. The expenses are approved as reasonable and necessary litigation expenses.

The Respondents are hereby directed to pay to Complainant's attorney the above approved legal fee for representing Complainant before the Office of Administrative Law Judges between February 14, 1997 and September 19, 1997.

DAVID W. DI NARDI
Administrative Law Judge

Dated:
Boston, Massachusetts
DWD:jgg

[ENDNOTES]

¹ It should be noted that at item number 5 of the Affidavit of Attorney's Fees, Complainant's counsel lists the fee as $22,755.00, excluding costs. However, on Page 3 of the itemization, the fee is listed as $22,155.00, excluding costs. It would appear that the latter figure is correct, as 126.60 hours of professional services at $175.00 per hour totals $22,155.00.