(a) BIFURCATED PROCEDURE. Except in a social security action, a
party claiming a post-judgment attorney’s fee and related non-taxable
expenses must obtain an order determining entitlement before providing
a supplemental motion on amount.
(b) MOTION ON ENTITLEMENT. Within fourteen days after entry of
judgment, the party claiming fees and expenses must request a
determination of entitlement in a motion that:
(1) specifies the judgment and the statute, rule, or other ground
entitling the movant to the award,
(2) states the amount sought or provides a fair estimate of the
amount sought, and
(3) includes a memorandum of law.
(c) SUPPLEMENTAL MOTION ON AMOUNT. Within forty-five days
after the order determining entitlement, the party claiming fees and
expenses must file a supplemental motion that:
(1) describes the meet-and-confer effort but preserves any
confidential settlement communication;
(2) specifies the resolved and unresolved issues;
(3) includes a memorandum of law on any disputed issue;
(4) includes for any disputed rate or hour:
(A) the timekeeper’s identity, experience, and
qualification;
(B) the timekeeper’s requested hours;
(C) each task by the timekeeper during those hours;
MIDDLE DISTRICT OF FLORIDA LOCAL RULES
(D) the timekeeper’s requested rate;
(E) lead counsel’s verification that counsel charges the rate
requested, has reviewed each task, and has removed each
charge for a task that is excessive, duplicative, clerical, or
otherwise unreasonable;
(F) evidence showing the reasonableness of the rates based
on the prevailing market rate in the division in which the
action is filed for similar services by a lawyer of comparable
skill, experience, and reputation; and
(5) includes for a disputed non-taxable expense:
(A) a receipt for, or other evidence of, the expense and
(B) lead counsel’s verification that counsel incurred the
expense.
(d) RESPONSE TO A SUPPLEMENTAL MOTION. A response to a
supplemental motion on amount must detail the basis for each
objection, including the identification by day and timekeeper of an
unreasonable claim.
(e) ATTORNEY’S FEE IN A SOCIAL SECURITY ACTION AFTER
REMAND. No later than fourteen days after receipt of a “close-out”
letter, a lawyer requesting an attorney’s fee, payable from withheld
benefits, must move for the fee and include in the motion:
(1) the agency letter specifying the withheld benefits,
(2) any contingency fee agreement, and
(3) proof that the proposed fee is reasonable.
