Benoit vs. MPC Intl Inc, (5th Cir. 2003)
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United States Court of Appeals Fifth Circuit FILED May 12, 2003 Charles R. Fulbruge III Clerk UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 02-20346 Consolidated with No. 02-20808 JERRY BENOIT; BILLY STEVENS; CALVIN BENOIT; DENSEL STEWART; RICKY MARCEAUX, For and on behalf of himself and other current and former employees similarly situated; JOE ALLEN, Plaintiffs-Appellees, MICHAEL LONG, Intervenor Plaintiff-Appellee, versus MPC INTERNATIONAL INC.; ET AL., Defendants, M PC INTERNATIONAL INC.; PEGASUS INTERNATIO NAL INC.; MPC INTERN ATIONAL INC. PROFIT SHARING AND SAVINGS PLAN, Defendants-Appellants.
Appeals from the United States District Court For the Southern District of Texas No. H-99-CV-4224 Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and DUVAL * , District Judge.
PER CURIAM: ** Defendants MPC International, Inc., MPC International, Inc. Profit Sharing and Savings Plan, and Pegasus International, Inc. (collectively, §§ 1001-1461, as well as under the standards governing an accepted offer of judgment made pursuant to Federal Rule of Ci vil Procedure 68. In the alternative, MPC argues that the court erred in calculating the amount of the fee award and in failing to adjust downward based on the facto rs set forth in J ohnson v. Georgia Highway Express, Inc. , 488 F.2d 714 (5th Cir. 1974). Lastly, MPC contends that the district court erred in failing to grant its request for a hearing on the question of attorneysÂ’ fees.
We have read the briefs, heard the arguments of counsel, and consulted the pertinent portions of the record. On the basis of the applicable law and the record, we affirm the award of attorneysÂ’ fees for essentially the same reasons as those given by the district court.
AFFIRMED.
* District Judge of the Eastern District of Louisiana, sitting by designation. ** Pursuant to 5 T H C IR . R. 47.5, the court has determined t hat t his o pinion should not be published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR . R. 47.5.4
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