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FBR Capital Mkts. & Co. v. Hans

United States District Court, D. Columbia.

January 22, 2014

FBR CAPITAL MARKETS & CO., Petitioner,
v.
PETER D. HANS, Respondent

For FBR CAPITAL MARKETS AND COMPANY, Petitioner: Sarah Elizabeth Henninger, LITTLER MENDELSON, P.C., Washington, DC.

For PETER D. HANS, Respondent: Robert R. Vieth, LEAD ATTORNEY, LEACH TRAVELL BRITT, PC, McLean, VA.

OPINION

Page 60

MEMORANDUM OPINION

Royce C. Lamberth, U.S. District Judge.

Before the Court is Peter Hans's motion [16] for attorneys' fees and costs, and the response and reply thereto. After considering those briefs and the record herein, the Court will GRANT Mr. Hans's motion, awarding him $35,727.50 in fees and $3,183.51 in costs.

I. BACKGROUND

Mr. Hans won an arbitration award of $267,960 against FBR Capital Markets & Co. FBR petitioned this Court to vacate the award under the Federal Arbitration Act (FAA). ECF No. 2. Mr. Hans opposed that petition and moved to compel the award under both the FAA and the District of Columbia Revised Uniform Arbitration Act (DCRUAA). ECF Nos. 7 & 8. This Court denied FBR's petition and granted Mr. Hans's motion. ECF No. 12. In doing so, the Court stated that the arbitration panel's " decision and award treads nowhere close to the manifest disregard it must have exhibited in order for this Court to vacate its judgment," and admonished FBR that " it should not continue to use the courts to re-litigate disputes it has settled albeit not in its favor through arbitration." FBR Capital Mkts. & Co. v. Hans, 985 F.Supp.2d 33, 2013 WL 5665015, at *4 (D.D.C. Oct. 18, 2013).

Now, Mr. Hans seeks attorneys' fees and costs for his victory. In his time log, there are 51.9 hours listed for work done to oppose FBR's petition to vacate; 12.5 for the reply to FBR's opposition to Mr. Hans's motion to compel; 3.1 for filing a notice of supplemental authority about Oxford Health Plans LLC v. Sutter, 133 S.Ct. 2064, 186 L.Ed.2d 113 (2013), a recent FAA case; and 11.7 for the motion for attorneys' fees. See ECF No. 16-2 at 6-8. Mr. Hans seeks $35,727.50 for that time. Resp't's Mot. 9. In addition to fees, Mr. Hans also seeks $3,183.51 for the cost of procuring hearing transcripts for his opposition brief and motion to compel. Id. at 9-10.

Page 61

II. LEGAL STANDARD

The FAA does not authorize attorneys' fees. But under the D.C. Code, fees are discretionary for the prevailing party in a DCRUAA case: " On application of a prevailing party to a contested judicial proceeding under [the DCRUAA], the court may add reasonable attorney's fees and other reasonable expenses . . . to a judgment confirming . . . an award. D.C. Code § 16-4425(c).

III. ANALYSIS

For the following reasons, the Court awards Mr. Hans the full fees and costs ...


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