S.D. Texas cuts commercial fee award 14.8%, including for vague entries

What happened

ASI Lloyds sought $131,977 in sanctions fees. The magistrate judge recommended awarding $112,405.50, a reduction of $19,571.50. The court deducted 12 hours of travel time without evidence of legal work in transit, 53.5 hours as excessive, 12 hours for vague entries, 7.3 hours of clerical work, 2.7 hours of duplicative staffing, and 13.1 hours previously considered. It also recommended denying $15,000 for a response to a motion to alter judgment and $30,000 in conditional fees as premature.

What the court said

To account for the time entries I do consider vague, I will make a reduction in ASI's lodestar by 0.4 hours of Lacy Baccari's time in September 2022

After reviewing ASI's time records in this case, certain time entries that appear clerical in nature. That time should be disallowed.

The court also reduced the award for: travel time, excessive hours, duplicative staffing, other, other, other.

Why it matters

The ruling shows that a fee applicant must support each time entry with enough detail for the court to assess the work, and that vague entries and clerical tasks can be cut even when the overall request is otherwise supported. It also shows courts will separate recordkeeping problems from other grounds for reduction.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

See hourly rates the S.D. Texas approves and attorney fee motions in Texas federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.