Walsh v. Southern Living for Seniors of Louisburg, NC, LLC ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:22-CV-00178 No. 5:22-MC-00032 JULIE A. SU, ) ACTING SECRETARY OF LABOR, ) UNITED STATES DEPARTMENT ) OF LABOR, ) Petitioner, ) ) ORDER v. ) ) SOUTHERN LIVING FOR SENIORS ) OF LOUISBURG NC, LLC, > Respondent. ) This matter is before the Court on the Acting Secretary of the United States Department of Labor’s (DOL) application for attorney’s fees in response to the Court’s August 25, 2023 Contempt Order requiring Respondent to “reimburse counsel for the DOL his costs and expenses associated with the contempt motion.” [DE 13-4; 15]. In support of the instant motion, DOL filed a Declaration of Jeremy B. Dailey (Counsel for DOL). [DE 15]. In it, Counsel for DOL provided the following costs associated with litigating the contempt motion at the reasonable rate of $400/hour: DATE _TASK COSTS May 31, 2023 Drafted Petition for $3,200.00 Contempt, Memorandum in Support, Declaration, | (8 hours at $400/hour) and Compiled Exhibits August 23, 2023 Round-Trip Commercial | $417.81 . Flights From/To Atlanta and Raleigh August 23, 2023 Drafted Declaration and | $107.97 Compiled Exhibits ee TOTAL COSTS $3,725.78 Counsel for DOL explains his calculation of the reasonable rate as dictated by the Fourth Circuit as “the prevailing market rate in the relevant legal community... from paying clients for similar services in similar circumstances.” Daly v. Hill, 790 F.2d 1071, 1077-78 (4% Cir. 1986). Counsel further supports his calculation of $400/hour based on his nine years of litigation and trial experience. Based on the foregoing, the Court finds DOL’s calculated rate to be reasonable. CONCLUSION Accordingly, the DOL’s Application for Attorney’s Fees is GRANTED. As such, the Court ORDERS that Southern Living reimburse counsel for the DOL in the amount of $3,725.78 within thirty (30) days of the issuance of this order. Payment shall be sent via first class mail to “U.S. Department of Labor, Office of the Solicitor, Attn: Jeremy Dailey, 61 Forsyth Street, Suite 7T10, Atlanta, Georgia, 30303.” SO ORDERED, this 4 [ day of October, 2023. TERRENCE W. BOYLE UNITED STATES DISTRICT JUD