TAMMY JONES, an individual v. HOGAN SERVICES, INC., a Missouri corporation
TAMMY JONES, an individual v. HOGAN SERVICES, INC., a Missouri corporation
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
TAMMY JONES, an individual,
Plaintiff,
v. Case No: 2:25-cv-211-JES-NPM
HOGAN SERVICES, INC., a Missouri corporation,
Defendant.
ORDER This matter comes before the Court on plaintiff's Motion for Final Default Judgment (Doc. #15) filed on October 14, 2025, seeking reasonable attorney fees, litigation expenses, and costs as the prevailing party. No response has been filed and the time to respond has expired. On September 2, 2025, the Court issued an Opinion and Order (Doc. #12) granting a default judgment in favor of plaintiff for disability discrimination and retaliation and awarding back pay damages and front pay damages. Plaintiff was found to be a prevailing party under
42 U.S.C. § 12205, pending a supplemental motion as to the amount. Counsel seeks a rate of $400 an hour for services rendered on a contingency basis based on his experience, the type of case, the Court’s own knowledge and experience of what constitutes a reasonable fee rate in Fort Myers, Florida, and the absence of an objection to the rate. The Court finds that the hourly rate is reasonable. Plaintiff states that he expended 12.4 hours on the
case for a total of $4,960. Attached is a Pre-Bill showing the breakdown of reasonable hours. (Doc. #15-1.) The Court will grant the request. Counsel also seeks taxable costs in the amount of $655. This consists of the $405 filing fee and $250 for national service. The Affidavit of Service (Doc. #8) reflects service was made on the designated representative of the registered agent in Saint Louis, Missouri. Both the filing fee and private service fees1 are taxable costs under
28 U.S.C. § 1920(1), however the $250 is excessive because it exceeds service fees set by the Attorney General for service by the U.S. Marshal.
28 U.S.C. § 1921(a)(1)(B). The service cost will be reduced to $65.
28 C.F.R. § 0.114(a)(3).
Accordingly, it is hereby ORDERED: Plaintiff's Motion for Final Default Judgment (Doc. #15), construed as a motion for attorney fees and costs, is GRANTED to the extent that plaintiff is awarded attorney’s fees in the amount of $4,960.00, and costs in the amount of $470. The Clerk shall
1 U.S. E.E.O.C. v. W&O, Inc.,
213 F.3d 600, 624 (11th Cir. 2000). enter an amended judgment in favor of plaintiff and against defendant adding the award of fees and costs. DONE and ORDERED at Fort Myers, Florida, this 2nd day of December 2025.
—_ 2 2 JGHE E. STEELE SHEIOR UNITED STATES DISTRICT JUDGE Copies: Counsel of Record
Reference
- Status
- Unknown