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Hansen v. Deercreek Plaza, LLC

420 F. Supp. 2d 1346 (2006)

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Hansen v. Deercreek Plaza, LLC

United States District Court for the Southern District of Florida
420 F. Supp. 2d 1346 (2006)

DD

Facts

Donald Hansen (plaintiff) brought suit against Deercreek Plaza, LLC (Deercreek) (defendant) under the Americans with Disabilities Act (ADA). Hansen was represented by Samuel Aurilio, an attorney in South Florida. Hansen and Deercreek entered into a consent decree and subsequently attempted to negotiate the amount of attorney’s fees that Deercreek would pay Hansen. Aurilio charged an hourly rate of $295 and spent 6.9 hours working on the case. In Aurilio’s previous ADA cases, fees were awarded based on a $295 hourly rate. Two other ADA attorneys in South Florida expressed the opinion that a $295 hourly rate was consistent with the market rate. Additionally, Aurilio’s billing records showed that he billed 0.3 hours to read and review an order continuing trial. Aurilio also billed 0.2 hours to review the complaint. But 1.2 hours had already been billed to prepare the complaint. Hansen and Deercreek were ultimately unable to agree on the amount of attorney’s fees, and the matter was submitted to the district court. The district court took the matter under advisement.

Rule of Law

Issue

Holding and Reasoning (Seltzer, J.)

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Disability Law

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