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Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 1 of 15

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.: 09-cv-00680-WDM-BNB

JOSHUA JACKSON,

Plaintiff,

v.

DIVERSIFIED COLLECTION SERVICES, INC., a California corporation,

Defendant.


______________________________________________________________________________

MOTION FOR ATTORNEYS FEES







COMES NOW the Plaintiff, by and through his counsel, David M. Larson, and

hereby files this Motion for Attorneys Fees against the Defendant. In support of this

motion, the Plaintiff states as follows:

1.

Plaintiff brought a claim against the Defendant pursuant to the Fair Debt

Collection Practices Act, 15 U.S.C. § 1692 et seq..

2.

The Fair Debt Collection Practices Act directs that attorney’s fees and costs be

awarded to a Plaintiff that successfully enforces an action, 15 U.S.C. §

1692k(a)(3).

3.

On May 21, 2010, after a jury found that the Defendant had violated the FDCPA

relating to the Plaintiff, Judgment was entered for the Plaintiff and against the

Defendant in the amount of $10.00 statutory damages.

4.

Having been successful in the action and enforcing liability against the Defendant

the Plaintiff now seeks reasonable attorney’s fees in the amount of $41,600.00,

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 2 of 15

representing 133.1 hours charged by Mr. Larson at the rate of $250.00 per hour

pursuant to 15 U.S.C. § 1692k(a)(3), and 33.3 hours charged by Mr. Wynkoop at

the rate of $250.00 per hour pursuant to 15 U.S.C. § 1692k(a)(3), and the

Judgment entered by the Court on May 21, 2010.

5.

The attorney’s fees and time spent by Plaintiff’s counsel, Mr. Larson, on this matter

is as follows:

Date:
3/23/09

Service Rendered:
Phone call from client







3/24/09

Meet with client to discuss claims,

review written statement and

and determine violations.



3/26/09

Draft JSO44 Sheet, Summons



And Complaint

















.25

Time: ____ Fee:_
N/C

1.0

$250.00

1.5

$375.00

3/26/09

Email Complaint and related Documents



to the Court for filing







.1

$25.00

3/27/09

Review Email from Court and download



Court Stamped Summons and Complaint

.1

$25.00

3/27/09

Email Court Stamped Summons and


4/1/09

Complaint to Process Server for service

.1 $25.00

Download and Review Court Order Referring

Case to U.S. Magistrate Judge Boyd N. Boland .1 $25.00

4/3/09

Review completed Return of Service and convert





to PDF version for Electronic Filing

. 1 $25.00

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 3 of 15

4/3/09

Electronically file Return of Service

Download and Review Answer



Download and Review Court Orders

Setting Scheduling Conference and

Settlement Conference





4/16/09

4/20/09









5/5/09







.1

.5

$25.00

$125.00

.2

$50.00

Draft proposed Protective Order documents,

Emailed to Defendant’s Counsel for approval

.3

$75.00

5/5/09

Email to Defense counsel re Protective Order





Documents









5/5/09

5/5/09





5/6/09

Draft proposed Scheduling Order

Email Proposed Scheduling Order to

Sara Green for approval





Review email from Defendant’s counsel







.1

.3

$25.00

$75.00

.1

$25.00





authorizing proposed Protective Order

5/6/09





5/6/09





5/6/09

documents











.1

$25.00

Electronically file Proposed Protective Order

Documents









Email proposed Protective Order to

Judges chambers











.1

$25.00

.1

$25.00

Review email and attached proposed

Scheduling Order from Defense counsel

re proposed changes







.2

$50.00

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 4 of 15

5/6/09

Electronically filed proposed Scheduling Order





With the Court







5/6/09





5/6/09

5/7/09

Email proposed Scheduling Order to

Judges chambers







Draft Discovery Requests to Defendant

Received and reviewed Defendant’s Discovery





.1

$25.00

.1

.5

$25.00

$125.00



Requests to Plaintiff







.5

$125.00





5/8/09

Review File and Draft Confidential Settlement

Statement











.5 $125.00

5/8/09

Email Confidential Settlement Statement





To Magistrate Judge Boyd N. Boland

5/8/09

5/12/09





Review Court Signed Protective Order

Drive to Denver to Attend Scheduling /

Settlement Conference











5/12/09

Attend Scheduling Conference / Settlement

.1

.1

$25.00

$25.00

1.5 $375.00





Conference









1.00

$250.00

5/12/09

Drive to Colorado Springs after Attending

Scheduling / Settlement Conference

6/5/09

Review email from Defendant





re; Settlement Offer



6/5/09

6/9/09

Review Letter to Client re Offer

Emails to / from Defense Counsel





Re Discovery extension





6/9/09

Efile Stipulation for Extension re













1.5 $375.00

.1

$25.00

.1 $25.00

.5

$125.00

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 5 of 15





Discovery Requests with the Court

6/18/09

Phone call to Client re Discovery





Requests













6/18/09

6/19/09

6/22/09

Review and Draft Discovery responses

Meeting with client re Discovery responses

Reviewed Defendant’s responses

.1

$25.00

.3 $75.00

1.5

1.5

$375.00

$375.00



to Plaintiff’s first set of discovery requests

3.0

$750.00





6/28/09

Review Defendant’s Supplemental





7/21/09

7/22/09

8/3/09

8/3/09

8/4/09

8/10/09

8/10/09

8/10/09

8/10/09

8/17/09

Responses to Discovery requests



Meet with client to prepare for Deposition

Attend Joshua Jackson Deposition

Draft Amended Complaint



Efile Motion to Amend Complaint

Review Court Minute Order



Attend Deposition of Terri Craft-Bell

Attend Deposition of Nicole Anderson

Attend Deposition of Patricia Pinelle

Attend Deposition of Marvin Willis

















Review Defendant’s Response to Motion

2.0

3.0

5.5

4.0

$500.00

$750.00

$1,375.00

$1,000.00

.1 $25.00

.1

.8

$25.00

$200.00

1.5

$375.00

.5

.5

$125.00

$125.00





To amend Complaint







.5 $125.00

8/19/09

8/19/09

8/19/09

8/28/09

Drive to Denver to attend motions hearing

1.5 $375.00

Attend Motions Hearing







.5 $125.00

Drive to Colorado Springs after hearing

1.5 $375.00

Draft Fed.R.Civ.P. 30(b)(6) Deposition

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 6 of 15





Notice for Defendant







8/31/09

9/10/09

9/11/09

9/21/09

Review Answer to Amended Complaint

Preparation for Dennis Christie Deposition

Deposition of Dennis Christie in California

Preparation for Stacy L. Cortez and Leslie





A. Henkhaus Depositions



Deposition of Stacy L. Cortez in Texas

Deposition of Leslie A. Henkhaus in Texas





4.0

1.0

3.0

5.0

2.0

1.5

1.0

$1,000.00

$250.00

$750.00

$1,250.00

$500.00

$375.00

$250.00

9/22/09

9/22/09

10/8/09

10/7/09

10/8/09

10/8/09

Drive to Denver to attend Deposition

Preparation for Deposition







1.5 $375.00

1.0

$250.00

Attend Joshua Jackson Deposition in Denver 1.3

$325.00

Drive to Colorado Springs after Deposition

1.5 $375.00

10/13/09

Review Defendant’s Motion to Compel

1.0

$250.00

10/14/09

Review Minute Order setting Hearing



.1 $25.00

10/14/09

Draft Motion to Compel





2.0

$500.00

10/14/09

Efile Motion to Compel with the Court .1 $25.00

10/15/09

Review Minute Order setting Hearing



.1 $25.00

11/3/09

Review Defendants Response to Motion





to Compel









11/3/09

Draft Response to Defendant’s Motion





To Compel













.5 $125.00

1.5 $375.00

11/3/09

Efile Response to Defendant’s Motion to





Compel with the Court







.1 $25.00

11/6/09

11/6/09

Drive to Denver to attend motions hearing

1.5 $375.00

Attend Motions Hearing







1.0 $250.00

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 7 of 15

11/6/09

Drive to Colorado Springs after hearing

1.5 $375.00

11/13/09

Draft Unopposed Motion for Extension





For Plaintiff to respond to Discovery

11/13/09

Efile Motion with Court





Draft Proposed Final Pretrial Order

Efile Proposed Final Pretrial Order

Attend Pretrial Conference by Telephone

Review Court Order Docket Entry # 42

12/8/09

12/9/09

12/9/09

12/9/09



















.2

.1

$50.00

$25.00

1.5

$375.00

.1

.5

.1

$25.00

$125.00

$25.00

1.0

$250.00

.1

$25.00

1.5

$375.00

.1

$25.00

12/18/09

Draft Final Pretrial Order





12/18/09

Efile Proposed Final Pretrial Order

12/18/09

Draft Brief re Stipulated Facts

12/18/09

Efile Brief re Stipulated Facts





12/18/09

Review Defendant’s Brief re Stipulated Facts .5

$125.00

12/22/09

Attend Final Pretrial Conference by Telephone .4 $100.00

12/22/09

Review Court Signed Final Pretrial Order

.1

$25.00

12/29/09

Review Court Order setting Trial and Trial





Preparation Conference







.1

$25.00

1/19/10

Review Court Order Granting Defendants’





Request for telephonic appearance



.1

$25.00

1/22/10





1/28/10

Draft Plaintiff’s Objections to Defendants

Proposed Trial Exhibits







Review Motion to Withdraw – Sara Green

1/29/10

Review Order Granting Withdrawal



.7

.1

.1

$175.00

$25.00

$25.00

2/16/10

Drive to Denver to attend settlement

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 8 of 15

conference







Attend settlement conference









1.5 $375.00

2.5 $625.00

Drive to Colorado Springs after conference

1.5 $375.00

Review Court Order re Trial Preparation

2/16/10

2/16/10

3/19/10





Conference









4/23/10

Review Defendant’s Proposed Voir Dire

4/23/10

Review Defendant’s Proposed Exhibit List

4/23/10

Review Defendant’s Proposed Witness List

.1

.3

.2

.2

$25.00

$75.00

$50.00

$50.00

4/23/10

Review Defendant’s Proposed Jury

Instructions







4/23/10

Review Defendant’s Trial Brief









2.0

1.0

$500.00

$250.00

4/23/10

Review Defendant’s Statement regarding





Likelihood of settlement





4/26/10

Review Defendant’s Motion in Limine





Re: Unrelated Lawsuits, Complaints, etc.

4/26/10

Review Defendant’s Motion in Limine

Re: Marvin Willis







4/26/10

Review Defendant’s Motion in Limine

Re: Patricia Pinelle













.1



.5



.5



.5

$25.00

$125.00

$125.00

$125.00

4/26/10

Review Defendant’s proposed amendments





to Final Pretrial Order





4/26/10

Draft Trial Brief re Actual Damages





.2

$50.00

1.0

$250.00

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 9 of 15

4/26/10

Efile Trial Brief with the Court





4/26/10

Draft Plaintiff’s Statement re Settlement

4/26/10

Efile Plaintiff’s Statement with the Court

4/26/10

Draft Stipulations of Fact







4/26/10

Efile Stipulations of Fact with the Court

4/26/10

Draft Plaintiff’s Witness List





4/26/10

Efile Plaintiff’s Witness List with the Court

4/26/10

Efile Joint Exhibit List with the Court

4/26/10

Draft Proposed Voir Dire

4/26/10

Efile Proposed Voir Dire









5/3/10

Draft Response to Motion in Limine





Re: Other Lawsuits, Claims











5/3/10

Efile Response to Motion in Limine with

.1

.2

.1

.3

.1

.2

.1

.1

.4

.1

$25.00

$25.00

$25.00

$75.00

$25.00

$50.00

$25.00

$25.00

$100.00

$25.00

.5

$125.00

the Court











.1

$25.00

5/4/10

Drive to Denver to attend Trial Preparation





5/4/10

5/4/10

5/5/10

5/5/10





Jury Instructions





5/6/10

Attend Status Conference

Conference







Attend Trial Preparation Conference





1.5 $375.00

.5 $125.00

Drive to Colorado Springs after Conference

1.5 $375.00

Review Draft Jury Instructions from Court

1.0

$250.00

Review Defendants Objections to Court’s









.2

$50.00

.8 $200.00

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 10 of

15


5/7/10

5/7/10





5/8/10

5/9/10

Review Draft Jury Instructions from Court

Review Defendants Objections to Draft

Jury Instructions









.5

.2



$125.00

$50.00



Trial Preparation including meeting with client 8.0

$2,000.00

Trial Preparation including meeting with client 8.0

$2,000.00

5/10/10

Jury Trial – Day 1

5/10/10

Trial Preparation

5/11/10

Jury Trial – Day 2

























6.0 $1,500.00

3.0

8.0

$750.00

$2,000.00

Total Attorneys Fees for David M. Larson: 133.1 hours at $250.00 = $33,275.00

6. When it became apparent that no settlement could be reached with the

Defendant undersigned counsel for the Plaintiff engaged the services of Richard

Wynkoop, Esq. to assist in the trial of this case. Mr. Wynkoop’s affidavit is

attached as Exhibit 1. Mr. Wynkoop’s affidavit outlines his experience, the

justification for his hourly rate and the time he reasonably incurred on this case.

Mr. Wynkoop is claiming $8,325.00 consisting of 33.1 hours at $250.00 per hour.

7.

The total amount requested for Attorney’s fees is $41,600.00 to be added to the

current Judgment of $10.00 for a total Judgment amount of $41,610.00 plus

costs, post-judgment interest and any additional amounts as determined by the

Court.

8.

Undersigned Plaintiff’s counsel has been practicing law in the State of Colorado

and U.S. District Court for the District of Colorado since 2001 and his hourly billing

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 11 of

15

rate is $250.00 per hour. The attorney’s fees rate of $250.00 per hour sought in

this case is reasonable and is consistent with that of other attorneys of like

experience in handling litigation matters of this nature in the U.S. District Court

for the District of Colorado and other Colorado Courts.

9.

Plaintiff’s counsel has been approved at $250.00 per hour as a reasonable rate

in an FDCPA case in this Court in Brandon Babeon v. National Action Financial

Services, Inc., 08-cv-00027-JLK-CBS.

10. Plaintiff’s counsel has been approved at $250.00 per hour as a reasonable rate

in an FDCPA case in this Court in Susan Skaer v. National Action Financial

Services, Inc., 08-cv-00422-REB-MJW.

11. Plaintiff’s counsel has been approved at $250.00 per hour as a reasonable rate

in an FDCPA case in this Court in David Miller v. Cavalry Portfolio Services, LLC,

08-cv-00772-ZLW-KLM.

12. Plaintiff’s counsel has been approved at $250.00 per hour as a reasonable rate

in an FDCPA case in this Court in Jonathan Ocker v. National Action Financial

Services, Inc., 08-cv-00421-REB-MJW.

13. Plaintiff’s counsel has been approved at $250.00 per hour as a reasonable rate

in an FDCPA case in this Court in Phillip Harper v. Phillips & Cohen, LTD., 08-cv-

01500-REB-KLM.

14.

The Plaintiff is also attaching an Affidavit from Michael Kleinman, Esq. attesting

to the reasonableness of the time expended and the hourly rate of Plaintiff’s

counsel. The Affidavit of Michael Kleinman, Esq. is attached as Exhibit 2 and

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 12 of

15

incorporated by reference as if fully set forth herein. (Hereinafter referred to as:

“Kleinman Affidavit”).

15.

The Kleinman Affidavit states in paragraph 4 that counsel for the Plaintiff’s hourly

rate of $250.00 is fair and reasonable in this community. The Wynkoop Affidavit

states in paragraph 5 that counsel for the Plaintiff’s rate is consistent with, and

perhaps less than, rates charged by similarly qualified attorneys in Colorado and

is consistent with the findings of the United States Consumer Law Attorney

Survey 2008-09. Conducted by Ron Burge, Esq. in a national survey conducted

amongst consumer law attorneys. The Kleinman Affidavit states in paragraph 6

that counsel for the Plaintiff’s rate is also consistent with the most recent adjusted

Laffey Matrix.

16.

The Kleinman Affidavit states in paragraph 7 that the time expended by counsel

for the Plaintiff is reasonable and consistent with appropriate legal practices.

17.

The Kleinman Affidavit states in paragraph 10 that the fees sought are consistent

with the customary practice in the Colorado market and that the rate is both

reasonable and comparable with attorneys of similar experience.

18. Undersigned Plaintiff’s counsel’s relevant qualifications and experience that

justify the reasonableness of the requested rate of $250.00 per hour include the

following:

A.

Plaintiff’s counsel has successfully resolved / litigated over 900 FDCPA

cases on behalf of Plaintiffs in the U.S. District Court for the District of

Colorado.

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 13 of

15

B.

Plaintiff’s counsel has undergone extensive training in the area of the Fair

Debt Collection Practices Act. The following is a list of training

conferences attended by Plaintiff’s counsel:

1. National Consumer Law Center Conference (FDCPA Mini-

Conference); Kansas City, MO – 2004;

2. National Consumer Law Center Conference, Chicago, IL – 2004;

3. National Consumer Law Center Conference; Boston, MA – 2004;

4. National Consumer Law Center Conference; Minneapolis, MN – 2005.

5. National Consumer Law Center Fair Debt Collection Practices Training







Conference; Austin, TX – 2006.

6. National Consumer Law Center Conference; Miami, FL – 2006.

7. National Consumer Law Center Fair Debt Collection Practices Training











Conference; Tucson, AZ – 2007.



C.

8. National Consumer Law Center Fair Debt Collection Practices Training

Conference; Nashville, TN – 2008.

Plaintiff’s counsel has been a lecturer at the following national CLE’s in

the area of the Fair Debt Collection Practices Act:

1. National Consumer Law Center Fair Debt Collection Practices Training



Conference; San Diego, CA – 2009.



D.



2. National Consumer Law Center Fair Debt Collection Practices Training

Conference; Jacksonville, FL – 2010.

Plaintiff’s counsel is admitted to practice within the following State and

Federal courts:

1. Supreme Court of the State of Colorado;

Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 14 of

15

2. United States District Court, District of Colorado;

3. Supreme Court of the State of Kansas;

4. United States District Court, District of Kansas;

5. United States Court of Appeals for the Tenth Circuit.

E.

My attorney fee rate of $250.00 per hour is routinely paid in settlement by

defendants in FDCPA cases I have filed in the U.S. District Court for the

District of Colorado.

19.

The Affidavit of David M. Larson in Support of Motion for Attorneys Fees and

Costs is attached as Exhibit 3 and incorporated by reference as if fully set forth

herein.

20. Counsel for the Plaintiff has conferred with Defendant’s Counsel regarding the

relief requested in this motion and Defendant’s counsel has informed Plaintiff’s

counsel that the Defendant opposes the relief requested in this motion.


WHEREFORE the Plaintiff prays that the Court enter an Order that reasonable
attorney’s fees in the amount of $41,600.00 be added to the current Judgment of
$10.00 and that a Judgment be entered in favor of the Plaintiff and against the
Defendant in the amount of $41,610.00 plus costs, post-judgment interest and any
additional amounts as determined by the Court.



RESPECTFULLY submitted this 4th day of June, 2010.















_s/ David M. Larson__________
David M. Larson, Esq.

405 S. Cascade Avenue Ste 305
Colorado Springs, CO 80903
(719) 473-0006
Attorney for the Plaintiff



Case 1:09-cv-00680-WDM-BNB Document 112 Filed 06/04/10 USDC Colorado Page 15 of

15

CERTIFICATE OF SERVICE



I HEREBY CERTIFY that on this 4th day of June, 2010, I filed the foregoing Motion for
Attorney Fees and Exhibits with the Clerk of the Court’s CM-ECF System which will
send notice of this filing to the following email addresses:














[email protected],
[email protected],
[email protected]







____s/ David M. Larson______________