Dragu
Dragu v. Motion Picture Industry Health Plan for Active Participants
Opinion
Lead Opinion
Seeborg, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS FEES AND COSTS
I. INTRODUCTION
Plaintiff Elise Dragu’s attorney, James Keenley, helped his client significantly. He pressed Dragu’s claims and achieved enviable success. As a result of Keeney’s efforts, Dragu obtained all the relief she requested — a finding that defendant Motion Picture Industry Health Plan for Active Participants (“the Plan”) had abused its discretion. Keenley and members of his firm have devoted 215.9 1 hours to this *1125 case. Keenley now seeks compensation for his efforts in the amount of $120,270 in fees and $661.34. The Plan believes Keen-ley should not receive any compensation for his efforts, but will settle for a significant reduction in the total fees.
“Lawyers must eat, so they generally won’t take cases without a reasonable prospect of getting paid.” Moreno v. City of Sacramento, 534 F.3d 1106, 1111 (9th Cir.2008). Acknowledging that fact, Congress authorized courts to award “a reasonable attorney’s fee and costs of action” to parties who have obtained “some degree of success on the merits” when asserting claims under the Employee Retirement Income and Security Act (“ERISA”). 29 U.S.C. § 1132 (g);…