FORT MYERS — A federal court has determine that an award of more than $12,000 in attorney fees and cost was "reasonable" after a Florida man prevailed in his lawsuit against Edison Park Plaza alleging civil rights and Americans with Disability Act (ADA) violations.
According to the June 18 U.S. District Court for the Middle District of Florida Fort Myers Division filing, the plaintiff Jeffrey Joel Judy asked the court for attorney fees, litigation expenses after reaching consent decree with the defendant Edison Park Plaza Center, LLC.
Judy filed suit against Edison in October 2018, alleging ADA violations, and in February 2019 the issue of injunctive relief was settled through mediation. However, the district court was petitioned to review a dispute over attorney fees and costs requested by Judy.
Edison argues that Judy's attorney "was previously awarded $200 an hour" and that rate should be the one to apply in this case rather than his requested rate of $400 per hour for 53.1 hours. Edison also argues that part of the fees should be excluded because they were incurred after Judy was "offered a reasonable settlement."
Judy's attorney used a declaration from a Fort Myers civil rights litigator in the Fort Myers area who charges $415 per hour and whose experience was comparable.
The court found that some of the hours billed did require a reduction and that "an excessive amount of time" was calculated including the time billed for the drafting of the fees and costs.
Senior U.S. District Judge John Steele reduced the plaintiff's attorney rates to $300 per hour for 38.2 hours and awarded $11,460 in attorney fees. Steele also granted Judy's reimbursement for the $400 filing fee, $45 for service of process and $800 in mediation fees.