Nature of the Case
To access this section all you need to do is click here and register.
Facts
P began work as a correctional officer at D. P filed a written grievance regarding her rate of pay that was ultimately denied by D. P filed a charge of discrimination on the basis of pay and her charge was dismissed at the administrative level for lack of evidence. P filed a complaint in state court asserting the pay-related claims she previously raised administratively. P also claimed she had been sexually harassed repeatedly by Herron, the Sheriff. The case was subsequently removed to federal court, and P twice amended her complaint to correct defects in her pleading and to remove entities that were immune from suit. 'reasonable costs . . . including attorney’s fees.' P accepted the offer, and the parties agreed that Counts 2 and 3, which consisted of the sexual harassment and hostile work environment claims, would continue to be litigated. P filed a motion seeking $30,940 in attorney's fees based on 88.4 hours of work at the rate of $350 per hour. Ds claimed this was excessive. The court ultimately determined that counsel for Williams performed 88 hours of work and found $250 to be a more reasonable hourly rate than $350 under the circumstances. The court awarded P an additional $2,500 in attorney's fees for the time spent by P's counsel in responding to Ds' objection to the original motion for attorney's fees. Ds moved to alter or amend the two orders awarding attorney's fees, requesting that they be certified as final judgments under Federal Rule of Civil Procedure 54(b) because there was 'no just reason for delay.' P agreed that the orders should be made immediately appealable and cited the hardship to P's counsel if payment of the attorney's fees were delayed. The court granted the motion and amended the orders awarding attorney's fees 'to include a certification that there is 'no reason for delay' pursuant to Fed. R. Civ. P. 54(b).' Ds' appealed.
Support@ bsmsphd.com
Casebriefs Co