Springs v. Thomas
Springs v. Thomas
Opinion of the Court
MEMORANDUM ORDER
The present motion for attorney’s fees and costs arises out of an employment discrimination action brought by plaintiff William A. Springs against the Equal Employment Opportunity Commission (EEOC) in 1986.
Plaintiffs counsel now seek attorney’s fees under 42 U.S.C. Sections 2000e-16 and 2000e-5(k) for their work on the case. Plaintiff is clearly the prevailing party within the meaning of the statute and fees and costs may be awarded in the Court’s discretion.
Defendant argues that the number of hours expended in this matter is excessive and has moved to compel plaintiff to respond to interrogatories and requests for production of documents relating to the fee application. We find that, for the most part, defendant’s interrogatories and document requests are overly burdensome
A. The Lodestar Figure
Our starting point in determining plaintiff’s reasonable attorney’s fees is the so-called “lodestar,” which is the number of hours reasonably expended multiplied by a reasonable hourly rate. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983); National Ass’n of Concerned Veterans v. Secretary of Defense, 675 F.2d 1319, 1323 (D.C.Cir. 1982).
Counsel claim hourly rates for each attorney at $100 per hour in 1983 and 1984, $115 per hour in 1985, and $125 per hour from 1986 to the present. The hourly rate claimed for legal assistants and law clerks over the entire time period is $50 per hour. One and a half the above stated hourly rates was charged for time spent in administrative hearings or in court and as for time spent after normal business hours.
With this adjustment to the rates charged, we find that the requested number of hours (724.6 attorney hours and 31.4 legal assistant hours) multiplied by a reasonable hourly rate ($90 for attorneys and $20 for legal assistants) results in a lodestar figure of $71,494.00 ($65,214.00 plus $6,280.00).
B. Adjustments to Lodestar
Plaintiff’s counsel seek a 5% upward adjustment of fees and costs because of the results obtained, the risk involved, and the undesirability of the case. Such an adjustment would be appropriate only if counsel can show that the adjustment is necessary to make the fee award reasonable. Blum v. Stenson, 465 U.S. 886, 898, 104 S.Ct. 1541, 1548-49, 79 L.Ed.2d 891 (1984).
Counsel argue that the “excellent” results obtained and the undesirability of the case, which evidently factored into plaintiff’s two previous attorneys’ unwillingness to remain on the case, justify the upward adjustment. However, even though the results of the litigation were favorable to plaintiff and counsel may have encountered added difficulties from beginning the case where previous attorneys left off, these factors have been accounted for in the lodestar figure by the reasonable number of hours spent in the litigation and by taking account of counsel’s experience and skill and the quality of the representation in the hourly rates awarded. See Blum, 465 U.S. at 899, 104 S.Ct. at 1549; Copeland v. Marshall, 641 F.2d 880, 893 (D.C.Cir. 1980) (en banc). Plaintiff’s counsel also justify their request for a 5% ad
Plaintiff’s counsel also seek a 5% upward adjustment for defendant’s bad faith failure to agree to pay reasonable attorney’s fees and costs as required by the Consent Decree. Plaintiff points to the passage of time since the Consent Decree was issued and defendant’s offering what plaintiff’s counsel views were unreasonably low offers of settlement for attorney’s fees. We find that plaintiff’s counsel are equally responsible for the delay in resolving the attorney’s fee issue.
C. Costs
Finally, plaintiff requests $1,314.79 in costs and $489.08 in late payment interest penalties. Defendant argues that costs incurred for word processing and a dinner for staff should not be awarded. We agree. See Laffey, 572 F.Supp. at 384 n. 67. Accordingly, $65.71 will be excluded from the amount of reimbursable costs. With these items excluded, costs in the amount of $1,738.16 are accepted as reasonable and will be awarded.
For the reasons stated above, it is by the Court this 7th day of April, 1989
ORDERED that plaintiff’s motion for attorney’s fees is granted in part and denied in part; and it is
ORDERED that defendant shall pay plaintiff’s counsel the sum of $71,494.00 as reasonable attorney’s fees and $1,738.16 as reasonable costs for a total of $73,232.16; and it is
ORDERED that defendant’s motion to compel is denied as moot; and it is
ORDERED that plaintiff’s supplemental motion for attorney’s fees, to the extent not already granted, is denied; and it is
ORDERED that defendant’s motion to strike portions of plaintiff’s reply is denied as moot; and it is
ORDERED that defendant’s motion for leave to file a supplemental opposition to plaintiff's supplemental motion for attorney’s fees is denied; and it is
ORDERED that plaintiff’s emergency motion for an award of interim attorney’s fees is denied as moot; and it is
FURTHER ORDERED that defendant’s motion to strike portions of plaintiff’s emergency motion is denied as moot.
. Formal administrative proceedings commenced on June 24, 1980. After the defendant
. We note that where, as here, plaintiffs claims for relief involved a common core of facts and counsel’s time was devoted generally to the litigation as a whole, the court focuses on the significance of the overall relief obtained by the plaintiff. See Laffey v. Northwest Airlines, Inc., 572 F.Supp. 354, 362-63 (D.D.C. 1983) aff'd in part, rev. in part on other grounds, 746 F.2d 4 (D.C.Cirl984), cert. denied, 472 U.S. 1021, 105 S.Ct. 3488, 87 L.Ed.2d 622 (1985).
. For example, defendant requests plaintiffs counsel to produce copies of all bills sent to their clients and copies of all invoices demonstrating the amount actually paid by their clients for similar work from 1982 to the present.
. “The figure generated by that computation is the basic fee from which a trial court judge should work.” Copeland v. Marshall, 641 F.2d 880, 891 (D.C.Cir. 1980) (en banc).
. The number of hours for each attorney is as follows: 554.4 hours for Clifford A. Brooks, 164.7 hours for William C. England, Jr., and 5.5 hours for Karl W. Carter.
. 195.6 hours of the 724.6 attorney hours are claimed at this “night rate" or "court rate" of time and a half the usual hourly rate.
. We also fault counsel on each side for the inordinate amount of time spent on this litigation. Counsels’ conduct has been a burden on the parties as well as an unreasonable imposition on the time and resources of this Court.
Reference
- Full Case Name
- William A. SPRINGS v. Clarence A. THOMAS, Chairman Equal Employment Opportunity Commission
- Status
- Published