Connolly v. Laidlaw Industries, Inc.
Connolly v. Laidlaw Industries, Inc.
Opinion of the Court
MEMORANDUM OPINION AND ORDER
Plaintiff, Emma Connolly, has moved for attorney’s fees and expenses on remand in this Title VII action. The Seventh Circuit directed this court to reevaluate its award of attorney’s fees without basing its consideration on counsel’s “refusal to meet with the district court judge’s law clerk” for a settlement conference. Connolly v. National School Bus Service, Inc., 177 F.3d 593, 599 (7th Cir. 1999). When reviewing this court’s award of fees, the Seventh Circuit affirmed the reduction of the requested hourly rates and the reduction of the resultant lodestar amount by half because of plaintiffs limited success. As to the court’s further one-third reduction of the lodestar amount, which it based on its finding that counsel had unreasonably delayed settlement to increase his attorney’s fees, the appellate court found that the court “had ample evidence before [it] of [counsel’s] dilatory tactics.” Id. at 598. It was troubled, however, by this court’s reference to counsel’s “peremptory dismissal of the court’s law clerk, who was directed to speak to plaintiff and mediate between the parties during negotiations, which the court has found to be a successful method of facilitating settlement.” Id. (citing Connolly v. National School Bus Service, Inc., 992 F.Supp. 1032, 1040 (N.D.Ill. 1998)). Because counsel had no obligation to engage in settlement discussions with a law clerk, the Seventh Circuit found that reliance on such a factor to reduce-the fee award was improper.
The court is confident that it in no way based its decision to further reduce the lodestar amount by one-third on counsel’s refusal to engage in settlement or mediation with its law clerk. Rather, this decision was based on the court’s witnessing counsel’s repeated statements that “this case is all about fees” as well as his behavior, including the delay of settlement, supporting that sentiment. This court’s mandatory settlement procedure requires the parties — not just counsel — to meet face-to-face to discuss settlement terms. It is this procedure that the court has found invaluable in facilitating settlement: having the parties to the suit meet to discuss settlement terms.
The court conducted another settlement conference on the day the case was scheduled for trial. It was during this conference that Rossiello offered, for the second time, his opinion that settlement negotiations were stalled because “this case was all about fees.” The court also observed counsel’s willingness to accept a much smaller settlement for his client — $10,-000 — than previously offered because it involved a chance to litigate his fees, which he claimed were more than $97,000. Even if the settlement conference the court’s law clerk observed had never occurred, the court’s finding that counsel unreasonably delayed settlement for his own benefit was
ORDERED: For the foregoing reasons, the court grants plaintiff attorneys’ fees amount of $23,281.16.
. A note of clarification about the underlying proceedings is necessary to understand the court’s previous ruling. Although not mentioned in the Seventh Circuit’s opinion, the settlement conference referred to by this court was actually a continued Rule 16(a) conference. The original Rule 16(a) settlement conference convened several weeks earlier in chambers. The clients were not present. Counsel for plaintiff refused a settlement offer of $25,000 that included attorney’s fees. The court ordered the lawyers to produce
. The Seventh Circuit affirmed this court's fee award in all other respects. On remand, therefore, this court will address only the particular question of whether the court’s de-cisión to reduce the lodestar amount by one-third was based in any way on counsel's refusal to meet with the district court’s law clerk.
. The court also oversees Rule 16(a) settlement conferences whenever the parties request it and had previously presided over a Rule 16(a) conference with counsel in this case. When that conference ended unsuccessfully, the court continued it so that the parties could be present.
Reference
- Full Case Name
- Emma J. CONNOLLY v. LAIDLAW INDUSTRIES, INC.
- Cited By
- 3 cases
- Status
- Published