Rimas Eugenio v. Eugenio

Background

Sheryl May Rimas Eugenio sued Johnny Benson Eugenio for breach of contract, alleging that he failed to provide her and her daughter with the financial support required by affidavits of support that he signed as their immigration sponsor. The affidavits were governed by 8 U.S.C. § 1183a, which requires an immigration sponsor to maintain the sponsored person at an annual income of at least 125 percent of the federal poverty line during the enforceable period.

The court previously granted Rimas Eugenio’s motion for summary judgment after finding that Eugenio had not provided the required support. After reviewing a supplemental damages calculation, the court entered judgment for Rimas Eugenio in the amount of $16,925. She later moved for attorneys’ fees under § 1183a(c), which allows an action to enforce an affidavit of support to include an award of legal fees. Eugenio, who proceeded without a lawyer, did not oppose the fee motion.

Attorneys’ Fees

The court held that Rimas Eugenio was entitled to seek fees under § 1183a(c). It applied the lodestar method, which calculates reasonable fees by multiplying the reasonable number of hours worked by a reasonable hourly rate.

Greg McLawsen requested a rate of $600 per hour. The court found that rate reasonable based on his more than 13 years of experience enforcing affidavits of support, his writing and training on the subject, declarations from experienced immigration attorneys, and rates approved in comparable cases.

Kolasinski requested a rate of $550 per hour as local counsel. The court found that he had not adequately supported that rate. His declaration described his experience only generally and incorrectly characterized a prior settlement-related fee award as a court finding that his hourly rate was reasonable. Because Kolasinski had documented work on the case and substantial experience in the specialized field, the court awarded him a reduced rate of $300 per hour rather than denying his fees entirely.

The court found the hours billed by both attorneys reasonable. McLawsen billed 40.65 hours, including time spent on mediation-related tasks and preparing the summary-judgment motion. Kolasinski billed 15.1 hours, much of it communicating with Eugenio or co-counsel. The court also noted that counsel had taken the case on a contingency basis and had attempted to resolve the dispute without extended litigation.

Disposition

The court GRANTED IN PART and DENIED IN PART Rimas Eugenio’s motion for attorneys’ fees. It awarded $24,390 for McLawsen’s work, calculated as 40.65 hours at $600 per hour, and $4,530 for Kolasinski’s work, calculated as 15.1 hours at $300 per hour. The total award was $28,920.