EEOC v. Royer Homes of MS

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60158
Summary Calendar
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
LISA PETTIS,
Intervenor-Plaintiff-Appellee,
versus
ROYER HOMES OF MISSISSIPPI, INC.,
Defendant-Intervenor-Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
(1:00-CV-229-GR)
October 16, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
In this Title VII action, for which judgment was awarded Lisa
Pettis on her retaliation claim, Royer Homes, Inc., contests an
award of attorney’s fees to Pettis. “The district court’s
determination of attorney’s fees is reviewed for abuse of
discretion, and the findings of fact supporting the award are

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reviewed for clear error.” Tyler v. Union Oil Co. of California,
___ F.3d ___, 2002 WL 1969678, *9 (5th Cir.) (internal quotation
marks and citation omitted). Of course, legal conclusions are
reviewed de novo. See Dean v. Riser, 240 F.3d 505, 507 (5th Cir.
2001).
The district court thoroughly-analyzed the applicable factors
from Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th
Cir. 1974), and awarded less than half Pettis’ claimed attorney’s
fees. For example, as discussed in its thorough opinion, it
greatly reduced both the requested hourly rate and the time
reasonably spent by Pettis’ counsel on this case. Royer Homes,
Inc., merely disputes the factual findings, which are not clearly
erroneous.
AFFIRMED

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