TAMMY JONES, AN INDIVIDUAL
v.
HOGAN SERVICES, INC., A MISSOURI CORPORATION
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The court granted plaintiff's motion for final default judgment, awarding attorney fees and costs, but reduced the requested service fee to the statutory maximum.
[1] Private service costs in federal litigation are taxable as costs only to the extent they do not exceed the rates set by the Attorney General for service by the U.S. …
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Join FLexlaw to unlock all legal intelligence“the $250 is excessive because it exceeds service fees set by the Attorney General for service by the U.S. Marshal”
Court explaining why private service costs must be reduced to the statutory cap.
Plaintiff, having previously been granted a default judgment for disability discrimination and retaliation, moved for final default judgment to recove…
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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. #312) 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 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 fees [fn 1] 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. S 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
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.
John & Steek
JOHN E. STEELE
SENIOR UNITED STATES DISTRICT JUDGE
Copies: Counsel of Record
[fn 1]: U.S. E.E.O.C. v. W&O, Inc., 213 F. 3d 600, 624 (11th Cir. 2000).
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Citator
Authorities Cited
- United States Equal Emp. Opportunity Comm'n v. W&O, Inc., 213 F.3d 600 (11th Cir. 2000)