United States District Court, E.D. Virginia, Alexandria Division
MEMORANDUM OPINION AND ORDER
MICHAEL S. NACHMANOFF UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on Plaintiff's Statement of
Fees and Costs (Dkt. No. 105-1). On June 6, 2018, Plaintiff
submitted this statement to Defendant, pursuant to the
Court's Order dated May 30, 2018, requesting $27, 324.00
in attorney's fees and $247.50 in costs expended in
connection with Plaintiff's Motion to Compel and Dr.
Metters' Motion to Quash. See Non-Party Dr.
Samuel Metters' Opp'n to Plaintiff's Statement of
Fees & Costs [hereinafter Dr. Metters' Opp'n] at
1 (Dkt. No. 105); see Ex. A (Dkt. No. 105-1). On
June 13, 2018, Dr. Metters filed his Opposition to
Plaintiff's Statement of Fees and Costs (Dkt. No. 105),
arguing that the Court should deny Plaintiff's request
based upon its failure “to comply with the law
requiring documentation and verification of fees and
costs.” Id. at 2. Dr. Metters argued that, in
the alternative, Plaintiff is not entitled to the full amount
sought in the statement. See Id. at 2. Because the
Court finds no basis for Dr. Metters' attempt to avoid
paying fees and costs and deems Plaintiff's documentation
to be sufficient, it focuses on his latter argument.
determining that an award of attorney's fees and costs is
appropriate, a court employs the lodestar method to assess
the amount. See Gisbrecht v. Barnhart, 535 U.S. 789,
801 (2002). The lodestar method consists of
“multiplying the number of reasonable hours expended
times a reasonable rate.” McAfee v. Boczar,
738 F.3d 81, 88 (4th Cir. 2013) (quoting Robinson v.
Equifax Information Servs., LLC, 560 F.3d 235, 243 (4th
Cir. 2009)). To establish such hours and rate, a court
considers the following:
(1) Time and labor expended;
(2) Novelty and difficulty of the questions raised;
(3) Skill required to properly perform the legal services
(4) The attorney's opportunity costs in pressing the
(5) The customary fee for like work;
(6) The attorney's expectations at the outset of the
(7) The time limitations imposed by the client or
(8) The amount in controversy and the results obtained;
(9) The experience, reputation, and ability of the attorney;
(10) The undesirability of the case within the legal
community in ...