Professional Documents
Culture Documents
No. 10-2258
DANIELLE RANDLE,
Plaintiff - Appellee,
v.
H&P CAPITAL, INCORPORATED; GARY ROBERT HENRION; NOEL LOUIS
POOLER,
Defendants Appellants,
and
MS. ROBERTS,
Defendant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:09-cv-00608-REP)
Submitted:
Decided:
March 5, 2013
Randolph
Bragg,
HORWITZ,
Illinois, for Appellee.
HORWITZ
&
ASSOCIATES,
Chicago,
PER CURIAM:
H&P
Capital,
Incorporated
(H&P),
Gary
Robert
Henrion, and Noel Louis Pooler appeal the district courts award
of attorneys fees in this litigation brought by Danielle Randle
pursuant to the Fair Debt Collection Practices Act (FDCPA),
15 U.S.C.A.
16921692p
(West
2009
&
Supp.
2012),
and
the
affirm in part.
As an initial matter, counsel for Henrion has filed a
suggestion of death, informing us of Henrions death during the
pendency of the appeal.
the
decedent
and
counsel
for
the
parties
of
the
need
for
such desire.
908
655
F.2d
843,
846
F.2d
568,
569
n.1
(5th
Cir.
Unit
1990);
A
Gamble v.
Aug.
1981).
messages
on
her
answering
machine
and
telephone
and
by
willfully
engaging
in
other
conduct
that
could
residents
Defendants.
action,
who
received
similar
messages
from
declaratory
relief
under
the
FDCPA,
injunctive
and
under
both
acts.
Prior
to
any
class
certification,
claims,
plus
attorneys
fees
incurred
to
prosecute
her
individual claims.
Counsel for Randle subsequently submitted requests for
attorneys fees and costs totaling $89,083.69.
1692k(a)(3)
(mandating
the
payment
of
See 15 U.S.C.A.
reasonable
attorneys
The
$85,966.59
sustained
in
Defendants
fees
and
objection
costs.
to
The
the
district
recommended
court
award
of
$9,090.00,
recommended
adopted
fee,
and
the
recommendation
awarded
Randle
except
$76,876.59
as
in
to
that
attorneys
&
Abramson,
53
F.3d
626,
628
(4th
Carroll v.
Cir.
1995).
The Barber
factors
and
include
such
considerations
as
the
time
labor
These factors,
Blum v. Stenson,
the
circumstances.
The
discretion
to
depart
from
it
in
appropriate
court
in
this
case
explained
its
rate
number
of
for
their
hours
and
services.
in
calculating
Appellants
argue
reasonable
that
the
factor
in
determining
the
reasonableness
of
a[n]
Farrar
for
the
plaintiffs
limited
success.
McDonnell
v.
Miller Oil Co., Inc., 134 F.3d 638, 641 (4th Cir. 1998) (citing
cases).
Randles
recovery
in
this
case,
however,
was
not
nominal.
her claims for $6,000, six times the maximum recovery amount
permitted for individual actions under the FDCPA, 15 U.S.C.A.
1692k(a)(2)(A), and the district courts fee award accounts
for the work performed by Randles attorneys in pursuing this
successful outcome.
Univ., 401 F.3d 199, 205 (4th Cir. 2005) (holding that courts
evaluating
the
degree
successful
and
unsuccessful
determine
what
the
of
success
on
claims
plaintiff
the
should
would
have
merits
not
between
attempt
thought
the
to
more
also
reject
as
meritless
Appellants
challenges
any
need
for
the
participation
of
attorney
Bragg.
The
unexplained
and
not
supported
by
any
evidence
of
record.
discretion
in
awarding
fees
for
his
work
in
this
case.
the
district
significantly
court
reduce
abused
--
its
by
an
discretion
unspecified
in
failing
figure
--
to
the
attorney fee awarded in this case on the bases that Randle did
not
prevail
on
her
claims
and
her
attorneys
allegedly
excessive billing.
Accordingly, we dismiss the appeal in part and affirm
the district courts judgment in part.