Coldiron
Coldiron v. Casteel, Inc.
Opinion
Lead Opinion
*684 MEMORANDUM **
Appellant Rich Coldiron (“Coldiron”) appeals the district court’s denial of attorney’s fees in an action alleging breach of contract, and seeking unpaid overtime wages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207 , and Wash. Rev.Code § 49.46.130. We have jurisdiction under 28 U.S.C. § 1291 , and review an award of attorney’s fees for an abuse of discretion. See Haworth v. Nevada, 56 F.3d 1048, 1051 (9th Cir.1995).
Coldiron worked for appellee Casteel, Inc. d/b/a Canal Automotive (“Canal”) in Belfair, Washington, as a car mechanic from April 12, 1997, until the initiation of the underlying suit exactly three years later. Coldiron’s federal and state overtime wage claims alleged that Canal’s failure to pay was willful within the meaning of the FLSA, 29 U.S.C. §§ 255 , 259, and Wash. Rev.Code § 49.52.050. The complaint requested costs and reasonable attorney’s fees under the FLSA, 29 U.S.C. § 216 , and under Wash. Rev.Code § 49.52.070, both of which require showings of willful failure to pay wages for an award of fees. Coldiron’s complaint did not request fees under two other state statutory fee provisions that did not require a willfulness…