EEOC v. Royer Homes of MS

U.S. Court of Appeals for the Fifth Circuit

EEOC v. Royer Homes of MS

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-60158 Summary Calendar

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

LISA PETTIS,

Intervenor-Plaintiff-Appellee,

versus

ROYER HOMES OF MISSISSIPPI, INC.,

Defendant-Intervenor-Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Mississippi (1:00-CV-229-GR)

October 16, 2002

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

In this Title VII action, for which judgment was awarded Lisa

Pettis on her retaliation claim, Royer Homes, Inc., contests an

award of attorney’s fees to Pettis. “The district court’s

determination of attorney’s fees is reviewed for abuse of

discretion, and the findings of fact supporting the award are

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. reviewed for clear error.” Tyler v. Union Oil Co. of California,

___ F.3d ___,

2002 WL 1969678

, *9 (5th Cir.) (internal quotation

marks and citation omitted). Of course, legal conclusions are

reviewed de novo. See Dean v. Riser,

240 F.3d 505, 507

(5th Cir.

2001).

The district court thoroughly-analyzed the applicable factors

from Johnson v. Georgia Highway Express, Inc.,

488 F.2d 714

(5th

Cir. 1974), and awarded less than half Pettis’ claimed attorney’s

fees. For example, as discussed in its thorough opinion, it

greatly reduced both the requested hourly rate and the time

reasonably spent by Pettis’ counsel on this case. Royer Homes,

Inc., merely disputes the factual findings, which are not clearly

erroneous.

AFFIRMED

2

Reference

Status
Unpublished