United States District Court, S.D. Mississippi, Southern Division
SCOTT WALKER, et al. PLAINTIFFS
JIMMY WILLIAMSON, et al. DEFENDANTS
STARRETT UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Motions for Attorney Fees
 filed by Defendants. In its previous Order ,
the Court awarded Defendants all reasonable and necessary
attorneys' fees associated with their Motion to Enforce
Settlement Agreement  and their Motion for Order to Show
Fifth Circuit “appl[ies] a two-step method for
determining a reasonable attorney's fee award.”
Combs v. City of Huntington, Tex., 829 F.3d 388, 391
(5th Cir. 2016) (citing Jimenez v. Wood Cnty., 621
F.3d 373, 379 (5th Cir. 2010), on reh'g en banc,
660 F.3d 841 (5th Cir. 2011)). First, the Court calculates
the lodestar, “which is equal to the number of hours
reasonably expended multiplied by the prevailing hourly rate
in the community for similar work.” Id. at
392. In doing so, the Court “should exclude all time
that is excessive, duplicative, or inadequately
documented.” Id. “Though the lodestar is
presumed reasonable, ” the Court is allowed to increase
or decrease the award amount based on the twelve factors
listed in Johnson v. Georgia Highway Express, Inc.
Pohl's Motion for Attorney Fees 
attorneys list their billing rates as $450.00 for Billy
Shepherd, $375.00 for Stephen Bailey, and $325.00 for William
E. Whitfield/James E. Welch. Because this Court has previously
held that rates as high as $400.00 are reasonable for this
type of complex litigation, the Court will use the given
rates for Stephen Bailey and William E. Whitfield/James E.
Welch, but will decrease Billy Shepherd's rate to
$400.00. See Lamar Co., LLC v. Harrison Cnty. Sch.
Dist., No. 1:17-CV-206-LG-RHW, 2017 WL 642774, at *2
(S.D.Miss. Dec. 18, 2017).
attorneys claim to have expended a grand total 210.3 hours on
the Motion to Enforce Settlement  and Motion for Order
to Show Cause , with 116.7 done by Billy Shepherd, 67.8
done by Stephen Bailey, and 25.8 done by William E.
Whitfield/James E. Welch. This number is clearly excessive,
especially in light of the relief requested by both of these
motions. Much of the relief asked for these motions was aimed
at the ongoing litigation in Texas, which the Court found to
be inappropriate. (See Order  at p. 4.) In
fact, no relief was granted other than attorneys' fees.
Given these circumstances, the Court finds that the hours
expended on these motions was vastly excessive when compared
to any proper purpose brought by them. To cure this
excessiveness, the Court will reduce the number of hours for
each attorney by 50 percent. The total of reasonable hours
expended, then, is 105.15, with 58.35 attributed to Billy
Shepherd, 33.9 to Stephen Bailey, and 12.9 to William E.
Whitfield/James E. Welch.
the lodestar for Billy Shepherd's fees is $23, 340.00,
for Stephen Bailey is $12, 712.50, and for William E.
Whitfield/James E. Welch is $4, 192.50. The total for all
attorneys is $40, 245.00.
and Favre argue that the Johnson factors should
further reduce this amount. However, because the lodestar has
already been decreased dramatically by the Court's
finding that the hours billed were excessive, the Court does
not find that a further reduction is warranted.
Motion for Attorney Fees  will therefore be
granted, and Pohl is awarded $40,
245.00 in attorneys' fees.
Williamson and Rusnak's Motion for Attorney Fees
lodestar is difficult to calculate for Williamson and
Rusnak's attorneys because the attorneys did not specify
which hours were billed at which rate nor did they total the
number of hours expended together. Instead, the attorneys
give their individual rates and give a grand total of $8,
821.50 in fees expended. This is insufficient for the
lodestar calculation. Therefore, the Court is forced to add
up the hours billed as presented to it in the Exhibit 2
[588-2] and multiply those hours, if reasonable, by a
reasonable rate. For this rate, the Court will use the
smallest hourly rate billed by Williamson and Rusnak's
attorneys, which is $165.00.
and Rusnak's attorneys claim that they expended 49.8
hours connected to the Motion to Enforce Settlement  and
Motion for Order to Show Cause . From this total, the
Court deducts 3.7 hours that do not appear to have a direct
relationship with these motions, including hours spent on a
show cause order dealing with sanctions against the insurance
carrier and hours spent on motions that were not before this
Court. As with Pohl's attorneys, the number of hours will
be reduced by 50 percent. The number of reasonable hours that
will be used in the lodestar calculation therefore equals
23.05. Multiplying this by the hourly rate gives an amount of
$3, 803.25. As with Pohl, the Court does not find that a
further reduction under the Johnson factors to be
Motion for Attorney Fees  will be
granted, and Williamson and Rusnak are
awarded $3, 803.25 in attorneys' fees.
THEREFORE ORDERED AND ADJUDGED that the Motion for Attorney
Fees  is granted. Pohl is awarded