Diaz v. Jiten Hotel Mgmt., Inc., No. 13-1444 (1st Cir. 2013)
Annotate this CasePlaintiff brought several claims against Defendant, her former employer. Several claims were dropped or dismissed, and only two discrimination claims went to trial. Plaintiff obtained a jury verdict in her favor on her state law claim. Plaintiff subsequently sought reasonable attorney's fees and costs. The district court reduced Plaintiff's fees to account for time counsel spent on Plaintiff's unsuccessful claims. The court then made a second reduction to account for Plaintiff's rejection of a settlement offer. The First Circuit Court of Appeals set aside the second reduction. On remand, Plaintiff filed two Fed. R. Civ. P. 60(a) motions to correct the judgment. The district court granted the second motion and proportionately reduced Plaintiff's lodestar only to the extent that fees were incurred when some or all of the unsuccessful claims remained pending. The First Circuit affirmed, holding that the district court (1) was not precluded from granting Plaintiff's Rule 60(a) motion by the mandate rule; (2) did not disobey the remand order; and (3) did not abuse its discretion in awarding fees allegedly disproportionate to the damages that Plaintiff recovered.
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