UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

NANCY CUSSON,

Plaintiff,

v. Case No. 1:11-cv-87-SPM-GRJ

ILLUMINATIONS I, INC.,

a Florida corporation,

Defendant.

_________________________________/

ORDER

Pursuant to the Court’s Order of Reference (Doc. 47) this matter has been

referred to the undersigned to determine the amount of attorney’s fees, litigation

expenses, and costs to be awarded to Plaintiff’s counsel. The Court has approved the

consent decree and the parties have agreed on the issue of entitlement to attorney’s

fees. 

 The procedure for determining the amount of attorney’s fees, litigation expenses

and costs to be awarded shall be as follows. On or before August 3, 2012 Plaintiff is

directed to file a motion for attorney’s fees, litigation expenses and costs and

memorandum with supporting materials and affidavits containing the following

information: (1) a detailed itemization of the reasonable number of hours incurred in

support of Plaintiff’s request for attorney’s fees, and (2) the hourly rate claimed for 1

The itemization shall include the date the services were performed, a description of the services

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performed and the hours or fractions thereof incurred in performing each of such services.

Case 1:11-cv-00087-GRJ Document 48 Filed 07/20/12 Page 1 of 3
each attorney or paralegal performing services and the rate claimed for each

timekeeper. Further, Plaintiff shall serve and file any affidavits of experts regarding the

reasonable amount of attorney’s fees to be awarded, which shall contain the substance

of the opinion(s) to be offered by the expert, including the expert’s opinion on the

reasonable number of hours and hourly rate(s) to be applied in this case, the data and

other information considered by the expert in forming his or her opinion(s), and the

qualifications of the expert. Plaintiff shall also file an affidavit or bill of costs detailing

the litigation expenses and costs Plaintiff is requesting.

On or before August 17, 2012 Defendant shall file and serve its memorandum in

response to Plaintiff’s motion. Additionally, Plaintiff shall file and serve any affidavits of

experts regarding the requested award of attorney’s fees, which shall contain the

substance of the opinion(s) to be offered by the expert, including, if applicable, the

expert’s opinion on the reasonable number of hours and hourly rate(s) to be applied in

this case, the data and other information considered by the expert in forming his or her

opinion(s), and the qualifications of the expert.

 Upon receipt of the filings the Court will take the matter under advisement and, if

necessary, will schedule an evidentiary hearing to determine the amount to be awarded

with regard to Plaintiff’s claim for attorney’s fees. If either party wants the Court to

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Case 1:11-cv-00087-GRJ Document 48 Filed 07/20/12 Page 2 of 3
schedule a hearing on the motion a request for a hearing should be included in the

motion or the response.

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DONE AND ORDERED in Gainesville, Florida, on this 20 day of July 2012.

th

s/ Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

To the extent that the parties stipulate to the submission in evidence of the affidavits of their

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attorney’s fee experts, the hearing will be limited to argument of counsel. If the parties do not stipulate to

the submission of expert opinions by affidavit, the Court will hear the testimony from the parties’ respective

experts at the hearing in addition to argument of counsel.

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