Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beverly Brown v. Patelco Credit Union

September 20, 2011

BEVERLY BROWN, PLAINTIFF,
v.
PATELCO CREDIT UNION, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Judge Robert M. Dow, Jr.

MEMORANDUM OPINION AND ORDER

Before the Court is Plaintiff Beverly Brown's ("Plaintiff") request for attorney fees and her bill of costs [49]. Defendant Continental Recovery & Towing, Inc. ("Continental") has objected to Plaintiff's request for attorney fees [64] on various grounds. For the reasons explained below, Plaintiff's motion [49] is granted in part and denied in part. The Court awards Plaintiff $2,287.50 in attorneys' fees and $230.00 in costs, for a total award of $2,517.50.

I. Background

Plaintiff initiated this action by filing a complaint against Defendants Continental, Patelco Credit Union ("Patelco"), and Wainscott (a Patelco employee/agent) alleging violations of the Fair Debt Collections Practices Act ("FDCPA") and state statutes (as to Continental) as well as defamation (as to Continental, Patelco, and Wainscott) and negligence (as to Patelco). Pl.'s Second Am. Compl. [27 ¶¶ 1-23.] Briefly, Plaintiff alleged that Defendant Patelco, a creditor conducting business in Cook County, Illinois, engaged Defendant Continental to repossess Plaintiff's vehicle based on the false assumption that Plaintiff had become delinquent on her payments. [ Id. ¶¶ 10-12.] In furtherance of their collection attempts, Continental placed a postcard at Plaintiff's home on June 2, 2009, that read "If we don't here [sic] from you within 24 hrs., this matter may result in your arrest." [ Id. ¶¶ 13-14.] Plaintiff alleged that the discovery of the postcard by third parties led to injuries of a personal and pecuniary nature in violation of the Fair Debt Collections Practices Act *fn1 . [ Id. ¶¶ 19-21.]

On April 21, 2010, pursuant to Rule 68, Continental made an Offer of Judgment for Plaintiff in the amount of $4,505 "plus reasonable attorneys' fees and costs accrued to date in an amount to be determined by the court." [55-1, at 1.] Plaintiff accepted the offer on April 29, 2010 [71-1, at 1]. On July 22, 2010, Plaintiff accepted an Offer of Judgment pursuant to Rule 68 in the amount of $2,500 from Defendants Patelco and Wainscott, which included attorneys' fees and costs. [63, at 11.] The Court denied Plaintiff's fee motion as to Patelco and Wainscott on December 28, 2010. [ Id. ] The Court now analyzes the itemized fees Plaintiff requested from Defendant Continental pursuant to the Offer of Judgment.

A. Plaintiff's Attorneys' Fees Request

Plaintiff has included [see 49-1, at 2] an itemized breakdown of his fee request: Date Work Performed Hours In 1/6 of an hour 6/2/2009 Telephone conference with client 0.2 6/4/2009 Telephone conference with client 0.1 6/8/2009 Telephone conference with client 0.2 6/18/2009 Telephone conference with client 0.1 6/18/2009 Telephone conference with client 0.2 6/26/2009 Telephone conference with client 0.1 7/6/2009 Letter to client 0.2 7/28/2009 Telephone conference with client 0.1 7/30/2010 Telephone conference with client 0.1 8/28/2009 Telephone conference with client 0.1 9/1/2009 Drafted complaint at law 2 9/18/2009 Telephone conference with client 0.2 11/17/2009 Drafted Initial Status Report 2 12/6/2009 Drafted First Amended Complaint at Law 2 12/7/2009 Completed Drafting First Amended Complaint, filed same 2 12/7/2009 Telephone conference with OC Holloway 0.1
Drafted Summons, and Corrected Summons for CRI, scanned 12/7/2009 yellow card 2 12/7/2009 Sent First Amended Complaint at Law to Process server 0.1 12/8/2009 Scanned and filed return of service 0.2 1/6/2010 Telephone conference with client 1 1/27/2010 Court for status hearing 0.5 2/10/2010 Telephone conference with client 0.2 3/2/2010 Telephone conference with client 0.1 3/3/2010 Telephone conference with client 0.2

Draft Initial Status Report, researched Continental Recovery, 3/3/2010 drafted Second Amended Complaint printed out court call. 1.3 3/4/2010 Court for status, printed saved and docketed order 1.3 3/4/2010 Filed Second Amended Complaint and Notice of Filing 0.3 3/4/2010 Drafted Summons, sent same to intake of Clerk 0.2

Saved signed summons, sent same with Complaint to process 3/4/2010 server 0.2 4/7/2010 Telephone conference with client 0.1 4/20/2010 Conference regarding status hearing 0.2 CHANGE IN TIME KEEPING TO QUARTER HOUR INCREMENTS 4/20/2010 Filed appearance 0.25 4/21/2010 Court status hearing 1 4/21/2010 Telephone conference with client 0.25 4/22/2010 Telephone conference with client 0.25 4/22/2010 Telephone conference with client 0.25 5/5/2010 Telephone conference with opposing counsel Hill 0.25 5/5/2010 Email from opposing counsel Hill 0.25 5/11/2010 Review release 0.25
Email to opposing counsel Hill regarding changes needed to 5/11/2010 release 0.25 5/12/2010 Telephone conference with client 0.25 5/13/2010 Drafted letter to client, faxed same 0.25 5/19/2010 Telephone conference with client 0.25 5/24/2010 Meeting with client 0.25 6/24/2010 Email from opposing counsel Holloway 0.25 7/20/2010 Telephone conference with client 0.5 7/8/2010 Email from opposing counsel Holloway 0.25
Total 18 1/6*fn2 $275.00/hr Total Hourly Fee 4,995.83 Expenses Filing Fee $350.00 Service Fee on Continental Recovery and Towing $55.00 Service Fee of Patelco $55.00 Total Expenses $460.00 Grand Total $5,455.83

B. Defendant Continental's Challenge

Defendant Continental objects to all but the following charges:

Date Work Performed Hours

Draft Initial Status Report, researched Continental

Recovery, drafted Second Amended Complaint printed 3/3/2010 out court call. 1.3 3/4/2010 Filed Second Amended Complaint and Notice of Filing 0.3 3/4/2010 Drafted Summons, sent same to intake of Clerk 0.2
Saved signed summons, sent same with Complaint to 3/4/2010 process server 0.2 4/21/2010 Court status hearing 1 4/21/2010 Telephone conference with client 0.25 4/22/2010 Telephone conference with client 0.25 4/22/2010 Telephone conference with client 0.25 Total 2 3/4 $275.00/hr Total Hourly Fee ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.