Napier v. Swiftfunds Financial Services LLC ( 2020 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 No. CV-19-04600-PHX-DGC 10 Antonio Napier, 11 Plaintiff, ORDER 12 v. 13 Swiftfunds Financial Services LLC, 14 Defendant. 15 16 17 Plaintiff Antonio Napier asserts multiple violations of the Fair Debt Collection 18 Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., against Defendant Swiftfunds 19 Financial Services LLC. Doc. 1. The Court entered default judgment against Defendant 20 on each violation and awarded Plaintiff $1,000 in statutory damages. Docs. 16, 17. 21 Plaintiff has filed a motion for attorneys’ fees and costs. Doc. 18. No response 22 has been filed. For reasons stated below, the Court will grant the motion and award 23 Plaintiff a total of $4,465 in fees and costs. 24 Under the FDCPA, a district court may award a successful plaintiff “the costs of 25 the action, together with a reasonable attorney’s fee as determined by the court.” 15 26 U.S.C. § 1692k(a)(3). Plaintiff’s counsel has submitted a declaration in support of the 27 motion which sets forth her qualifications and experience with FDCPA cases, her hourly 28 rate ($400/hour), and the specific amount and type of work performed on behalf of 1| Plaintiff. Doc. 18-1; see also Lemberg Law, https://www.lemberglaw.com/about/team/ trinette-kent/ (last visited May 13, 2020). Attached to the declaration is an itemized statement of fees and costs. Doc. 18-2. Counsel and her team of paralegals spent 15.2 4]| hours on this matter, which equates to a total of fee amount of $3,935. Id. Costs include 5 | the $400 filing fee and $130 for service of process. Id. at 2. 6 Having reviewed the motion and supporting documents, the Court finds the requested attorney’s fees of $3,935 and costs of $530 to be reasonable. The Court 8 | therefore will grant Plaintiff’s motion. See LRCiv 54.1, 54.2 (setting forth allowable costs and factors to be considered in determining whether a fee award is reasonable); 10| Mayes vy. Credit Sols. Corp., No. CV-10-8104-PCT-DGC, 2011 WL 855634, at *2 (D. 11} Ariz. Mar. 9, 2011) (awarding $3,012 in fees and $480 for costs under the FDCPA); Cotton v. Zitterman Bosh & Assocs., No. CV-11-2024-PHX-DGC, 2012 WL 3289921, 13 | at *2 (D. Ariz. Aug. 13, 2012) (finding $4,607 fee and cost award to be reasonable under 14| the FDCPA). 15 IT IS ORDERED: 16 1. Plaintiff’s motion for attorneys’ fees and costs (Doc. 18) is granted. 17 2. Plaintiff is awarded $4,465.00 in attorney’s fees and costs against 18 Defendant Swiftfunds Financial Services LLC. 19 Dated this 13th day of May, 2020. 20 □ 21 perk 6, Cate plhel 22 David G. Campbell 23 Senior United States District Judge 24 25 26 27 28 _2-