Access Bio, Inc. v. Division 5 Labs, Inc.

Background

Access Bio previously obtained an order confirming an arbitration award against Division 5 Labs. That order also allowed Access Bio to apply for reasonable attorney’s fees and costs incurred while attempting to collect from Division 5 Labs.

Access Bio then requested $30,665 in attorney’s fees for 49 hours of work by one partner, one associate, and two paralegals, plus $1,213.64 in expenses. The work included preparing the petition to confirm the arbitration award and attempting to serve Division 5 Labs. Division 5 Labs had appeared in the case but did not respond to the fee motion, so the court treated it as unopposed.

Legal standard

The court explained that the party requesting fees must document the hours worked and hourly rates. Courts generally calculate a fee award using the “lodestar,” which means multiplying the reasonable number of hours by a reasonable hourly rate. Even when a fee request is unopposed, the court must independently review whether the requested fees are reasonable.

Hourly rates

The court found that the matter was less complex than ordinary commercial litigation because the petition to confirm the arbitration award was unopposed and relatively short. It therefore reduced the requested rates as follows:

- Partner Matthew Oliver’s rate was reduced from $1,050 to $800 per hour. His 6.9 hours were unchanged, resulting in an award of $5,520. - Associate Logan Vickery’s rate was reduced from $600 to $300 per hour. His compensable hours were reduced from 32.9 to 31.2, resulting in an award of $9,360. - The paralegals’ combined rate was reduced from $400 to $150 per hour. Their compensable hours were reduced from 9.2 to 7.2, resulting in an award of $1,080.

Hours and expenses

The court found that the time spent on service and substantive filings was reasonable, including because Division 5 Labs was unresponsive. But it deducted 1.7 hours from Vickery’s time and 2 hours from the paralegals’ time because electronic filing errors required corrective work that duplicated earlier efforts.

The court approved all $1,213.64 in requested expenses. It found that the expenses, which primarily involved repeated attempts to serve Division 5 Labs, were reasonable because Division 5 Labs apparently was attempting to avoid service.

Disposition

The court granted Access Bio’s motion in part. It awarded $15,960 in attorney’s fees and $1,213.64 in expenses, and directed the Clerk of Court to close the motion at Docket 21.