Mazut

Mazut v. Colonial Park Properties, Inc.

Good Law
99 F. App'x 764
United States Court of Appeals for the Ninth CircuitMarch 4, 2004No. 03-15009California698 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Colonial Park Properties, Inc. (“Colonial Park”), appeals from a judgment awarding $13,032 in attorney fees to the plaintiff, Joseph A. Mazut, in an action for overtime wages under the Fair Labor Standards Act, 29 U.S.C. § 216 (b). Judgments awarding such fees are not disturbed on appeal absent an abuse of discretion. Haworth v. Nevada, 56 F.3d 1048, 1051 (9th Cir.1995). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Colonial Park asserts three arguments in support of its position that the district court abused its discretion in its award of attorney fees. First, Colonial Park contends that Mazut was not a prevailing party and, thus, should not have been awarded any attorney fees. Second, Colonial Park maintains that the district court should have disallowed the award of attorney fees or discounted it more severely in light of Mazut’s questionable litigation tactics and his limited success. Third, Colonial Park insists that the district court should have further reduced the award in light of Mazut’s rejection of various settlement offers.

Mazut obtained an enforceable judgment for $830.57 in compensatory damages, which is more than…

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