U.S. Department of Labor Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
DATE ISSUED: NOV 10 1988
CASE NO. 84-ERA-30
In the Matter of
JACK D. PRIEST
Claimant
v.
BALDWIN ASSOCIATES,
Respondent.
Supplemental Recommended Decision and Order Granting Costs and Attorney's Fee
By application dated September 22, 1988, Jack Priest, by
counsel, has requested the approval of costs and attorney's fees
against Baldwin Associates in the amount of $9,555.00 in
connection with Mr. Priest's prior award of back pay against Baldwin
Associates for discriminatory employment practices. Such
expenses are recoverable pursuant to 42 U.S.C. § 5851 and the
accompanying regulations. 29 C.F.R. 24.6(b)(3) No objections to
the request have been received.
After thorough review of the fee request, and consideration
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of relevant factors such as the quality of representation, the
outcome of the case, the complexity of the issues, the number of
issues involved, and the length of the case, I find the fee
request to be reasonable and allowable with two exceptions.
The last item listed under "Services Rendered through
9/20/88" is a request for attorney's fees in the amount of
$200.00 for activity in regard to the preparation of the instant
fee petition. Such activity is not sufficiently related to "the
bringing of the complaint upon which the final order was issued"
to be compensable. 29 C.F.R. 24.6(b)(3) That request is Denied.
Second is a request for "miscellaneous" in the amount of
$97.56 under the "Expenses Not Previously Billed" section. This
request is too vague and unsubstantiated to be compensable.
It should also be noted that there are other expenses in this
section, such as federal express, long distance telephone calls,
travel expenses and photocopies, which should have been itemized
and some of which might be non-compensable overhead costs in
certain situations. But given the great amount of time and
effort spent on this case and the lack of objection by the
opposing party to the fee request, all other charges are
approved.
ORDER
It is therefore ORDERED that Baldwin Associates pay to Brent
D. Holmes, counsel for Jack Priest, costs and attorney's fees in
the amount of $9,257.44.
