IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 22-cv-22343

JORGE MONTEAGUDO ALBURQUERQUE

Plaintiff,

v.

THE DE MOYA GROUP, INC.,

a Florida Profit Corporation,

Defendant.

____________________________________/

DECLARATION OF MATTHEW W. DIETZ

Under penalty of perjury, Matthew W. Dietz, who, being duly sworn upon oath, deposes and 

states as follows:

1. My name is Matthew W. Dietz and I have knowledge of the matters to which I am 

testifying in this declaration.

2. I am familiar with the fees generally allowed attorneys representing parties in actions 

similar to the one in this case. 

3. I have been practicing civil rights litigation for my entire legal career, and have been 

practicing law since September 1996. I have litigated or handled over 500 cases involving Title 

I, II, and III of the Americans with Disabilities Act, Florida Civil Rights Act, Federal and Florida 

Fair Housing Acts, Individuals with Disabilities Education Act, Civil Rights Act of 1964, Civil 

Rights Act of 1865, Age Discrimination in Employment Act, and several other civil rights laws, 

regulations, and ordinances. I have been class counsel in seven classes certified or conditionally 

certified under Fed.R.Civ.P. Rule 23(b)(2) involving disability rights. In total, I have over three

hundred reported decisions, most on cutting edge issues of civil rights and disability law. 

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Further, I have published several articles on civil rights. My curriculum vitae is attached hereto 

as Exhibit A.

4. In addition to my practice before this court, I have been a very active writer, participant 

and speaker on disability advocacy issues. I am the founder and President of Disability 

Independence Group, Inc. a non-profit corporation, which advocates for advancement for 

persons with disabilities. Further, I was chair of the Equal Opportunities in the Law Section of 

the Florida Bar, past chair of the Civil Rights Section of the American Association for Justice, 

past-chair of the Public Interest Law Section of the Florida Bar, and the past-chair of the 

Disability Committee within that section. I have drafted Rules of Judicial Administration, Rule 

2.540, which requires the Florida State Court System to comply with Title II of the Americans 

with Disabilities Act.

5. I am currently the clinical director of the Disability Inclusion and Advocacy Law (DIAL) 

Clinic at Nova Southeastern University Shepard Broad College of Law. In that capacity, I am 

applying my 27 years of civil rights litigation experience to teach students how to practice with 

professionalism on the first day that they become lawyers. Relevant to the facts of this case, my 

students are able to interview potential clients to derive the relevant facts for a case and then 

analyze the facts to determine whether there is a viable cause of action.

6. My current hourly rate, with 27 years of experience, is $550.00. These amounts are 

commensurate with defense counsel from large firms, such as Greenberg Traurig, Ackerman 

Senterfeit, and Holland & Knight. Attorneys with commensurate experience as the undersigned 

charge approximately $500-650 per hour. 

7. In Florida, lawyers who handle standard discrimination claims are entitled to at least 

$350 to $550 per hour from 2015 to the present, depending on the experience of counsel. This 

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has been found in most cases. See Palacio Cruz vs. Infante Security Protection, LLC, Case No.: 

18-CV-21839-GAYLES, ECF No. 17 (S.D. Fla. Sept. 4, 2018) (approving requested rate of 

$500); Walker v. Iron Sushi LLC, Case No.: 17-CV-61472-TORRES, ECF No. 42 (S.D. Fla. Feb. 

7, 2018) (approving requested rate of $400); Minus v. Miami-Dade Cnty., 19-CV-25113, 2021 

WL 5238604, at *4 (S.D. Fla. Oct. 30, 2021)(Miami-Dade County Attorney Candela awarded 

$400); Oreilly v. Art of Freedom Inc., No. 17-CV-21251, 2018 WL 6616445 (S.D. Fla. Dec. 14, 

2018), report and recommendation adopted, No. 17-21251-CIV, 2019 WL 1115879 (S.D. Fla. 

Jan. 8, 2019) (approving $400 hourly rate for senior trial lawyer); see also Sloan v. Miami-Dade 

County, 1:18-CV-21517, 2020 WL 5902486, at *7 (S.D. Fla. Jan. 24, 2020) (recommending that 

defendant recover attorney's fees at the hourly rate of $350 per hour); Catano v. VR Dist. Ltd. 

P'ship, 619CV1787ORL78GJK, 2021 WL 11646290, at *2 (M.D. Fla. Jan. 4, 2021), report and 

recommendation adopted, 6:19-CV-1787-WWB-GJK, 2021 WL 11646298 (M.D. Fla. Feb. 22, 

2021)(ten year attorneys awarded between $295 and 350 per hour, one and one half year 

attorney reduced from $295 to $200 per hour); James v. Wash Depot Holdings, Inc., 489 F. 

Supp. 2d 1341, 1350 (S.D. Fla. 2007) (finding that rate of $450 was reasonable for attorney 

practicing in specialty for over ten years); Ariza v. Casablanco Mattress & Furniture Gallery, 

LLC, 22-CV-23759, 2023 WL 246689, at *3 (S.D. Fla. Jan. 18, 2023) ($425 hourly rate is 

reasonable); Lakhani v. 900 Sw., LLC, 22-CV-23220, 2023 WL 1965056, at *3 (S.D. Fla. Feb. 

13, 2023) (hourly rate of $415 is reasonable); Goldwire v. City of Riviera Beach, Florida, 18-

81285-CIV, 2022 WL 1050331, at *2 (S.D. Fla. Mar. 3, 2022), appeal dismissed, 22-10995-J, 

2022 WL 2346521 (11th Cir. Apr. 19, 2022) ($400 hourly fee is reasonable); Horne v. Barr, No. 

12-CV-23507-MARTINEZ-GOODMAN, 2020 U.S. Dist. LEXIS 124207, at *11-13 (S.D. Fla. 

July 13, 2020) (finding the following rates reasonable in an employment discrimination case: 

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$550 and $525 for attorneys with forty years of experience, and $350 for attorney with 11 years 

of experience); H.C. v. Bradshaw, 426 F. Supp. 3d 1266, 1277-78 (S.D. Fla. 2019) (finding $500

for an attorney with over thirty years of experience, $375 for an attorney with thirteen years of 

experience are reasonable rates in a federal civil rights case:); Hamilton v. Sheridan Healthcare., 

Inc., No. 13-62008-CIV-COHN/SELTZER, 2015 U.S. Dist. LEXIS 193773, 2015 WL 

13540999, at *4 (S.D. Fla. Dec. 23, 2015) (finding a rate of $475 per hour for an attorney with 

twenty-eight years of experience is reasonable in an employment discrimination case), report 

and recommendation adopted sub nom., 2016 U.S. Dist. LEXIS 195088, 2016 WL 9444229 

(S.D. Fla. Jan. 14, 2016), aff’d sub nom., 700 F. App’x. 883 (11th Cir. 2017); Tillman v. 

Advanced Pub. Safety, Inc., No. 15-CV-81782, 2018 U.S. Dist. LEXIS 187977, 2018 WL 

5768570, at *4 (S.D. Fla. Nov. 2, 2018) (finding that $500 per hour for an attorney with thirtyfour years of experience is reasonable). In Florida, lawyers who bring basic, boilerplate,

Americans with Disabilities Act Title III barrier removal claims are entitled similar rates, 

depending on the experience of counsel. See Houston v. S. Bay Inv'rs #101, LLC, No. 13-80193-

CV, 2013 U.S. Dist. LEXIS 104281, at *4 (S.D. Fla. July 25, 2013)($420 per hour for a 20 year 

lawyer); Barberi v. Ricor Enters., No. 16-CIV-23173-LENARD/GOODMAN, 2017 U.S. Dist. 

LEXIS 974, at *9 (S.D. Fla. Jan. 3, 2017)($375.00 per hour); Kennedy v. Radio Rd. Plaza Invs., 

LLC, No. 2:15-cv-630-FtM-29CM, 2017 U.S. Dist. LEXIS 3135, at *6 (M.D. Fla. Jan. 10, 

2017)($420 for 19 years of experience, $250.00 for 1 1⁄2 years of experience); Dalton v. Cent. 

Animal Hosp. of Boca Raton, Inc., No. 16-cv-81282-BLOOM/VALLE, 2016 U.S. Dist. LEXIS 

169266, at *4 (S.D. Fla. Dec. 6, 2016)(awarding five year ADA attorney $350.00 per hour)

8. Further, in 2019, Mr. Clyne was awarded attorneys’ fees with an hourly rate of $500 in 

Wanda Gilbert v. City of Miami Gardens, Case No.: 11-179908 CA 15, in the 11th Circuit, 

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Miami Dade County, Florida, a case involving whistleblower and retaliation claims under the 

Florida Civil Rights Act.

9. For new and mid-level attorneys, I relied on my own experience as well as the Florida 

Bar’s 2022 Economics and Law Office Management Survey, which states the median hourly rate 

for Florida attorneys is $325. Based upon my respective years of practice and familiarity and 

experience with actions under state and federal civil rights laws, and the rates charged by other 

attorneys in my practice area, billing rates of $450 for an experienced partner with over 35 years 

of experience, $300 for an associate with over five years of experience, and $150 for a new 

attorney, are immensely reasonable.

10. Based upon my respective years of practice and familiarity and experience with actions 

under civil rights laws, and rates charged by other attorneys in my practice area a billing rate for 

an experienced attorney at $450.00 per hour, and for a 5 year attorney at $300.00 per hour is 

immensely reasonable. 

11. The issues in this matter were straightforward, however, the case demanded a significant 

amount of effort and skills due to the nature of the litigation proceedings, which included 

multiple discovery conferrals, over eleven fact witness depositions, briefing of evidentiary 

issues, summary judgment proceedings, Rule 11 evidentiary hearings, a motion for 

reconsideration, and numerous ancillary matters raised by the Plaintiff throughout various 

motions.

12. Based on the Eleventh Circuit’s well-settled law with regards to Title VII claims, and the 

lack of actionable discriminatory conduct, and De Moya’s non-retaliatory reasons for terminating 

the Plaintiff, this case was without factual or legal basis from the inception. 

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13. As such, because of the time, research, and skill required in the handling of this matter,

the time expended was reasonable, especially in light of the hourly fees charged. The 220.5 hours 

spent by Reginald Clyne, 360.5 hours spent by Ms. Artiles, 262.7 hours by Andres Vidales, and 

62.6 hours expended by Michael Birts as of September 2023, is reasonable.

14. For civil rights and employment law actions, the following fees are customary in South 

Florida:

(a) For an attorney who has over 35 years of experience, like Mr. Clyne - fees 

range between $350 to $550 per hour.

(b) For a mid-level associate, like Ms. Artiles - fees range between $275 to

$400 per hour.

(c) For new attorneys like Mr. Vidales and Mr. Birts – fees range between $175 

to $250 per hour.

FURTHER DECLARANT UNDER PERJURY SAYETH NAUGHT.

Dated this 25th day of October, 2023.

_________S/ Matthew Dietz______________

Matthew W. Dietz, Esq.

Florida Bar No: 0084905

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