Y.Z. ex rel. Arvizu v. Clark County School District
Y.Z. ex rel. Arvizu v. Clark County School District
Opinion of the Court
Order Granting Plaintiff’s Motion for Attorney’s Fees
(Dkt. No. 13)
In 2013, Plaintiff “Y.Z.”
The District argues that only a party who has prevailed in a court action may recover attorney’s fees under the IDEA— not, as was the case here, a party who has prevailed in an administrative action. The District also argues that if Y.Z. is permitted to recover fees, his calculation is unreasonable and should be reduced.
I agree with Y.Z. that a plaintiff who prevails in an administrative action may recovery attorney’s fees under the IDEA. But I also agree with the District that aspects of Y.Z.’s fee calculation are unreasonable, and I reduce Y.Z.’s award accordingly.
I. BACKGROUND
Y.Z. is a disabled child from a low income, Spanish-speaking family, who attended one of the District’s schools. In April of 2013, Y.Z. filed an NDE Due Process Request alleging the District had violated the IDEA by (1) failing to provide Y.Z. a bilingual program of instruction; (2) failing to provide Y.Z. with a certified special education teacher; (3) failing to provide Y.Z.’s parents with notice in the parents’ primary language; and (4) failing to implement certain provisions of Y.Z.’s Individualized Education Plan.
During the NDA administrative process, the parties settled.
After the administrative action concluded, Y.Z.’s counsel again contacted the District to request attorney’s fees. The District refused to pay.
II. DISCUSSION
The Individuals with Disabilities Education Act (“IDEA”) permits a court to “award reasonable attorneys’ fees” to the “prevailing party” “[i]n any action or proceeding brought under” the statute.
The District raises two arguments against Y.Z.’s request for fees: (1) Y.Z. is not a “prevailing party” entitled to fees under the IDEA because he received relief in an administrative process, not in court, and (2) Y.Z.’s fee calculation is not reasonable. I find that Y.Z. is a prevailing party entitled to fees under the IDEA, but that Y.Z.’s fee calculation should be reduced.
A. Prevailing party status
A plaintiff is a “prevailing party” entitled to fees under the IDEA if he (1) brings an action and is provided judicially-sanctioned relief, also referred to as relief with sufficient “judicial imprimatur,
The IDEA’S statutory language indicates a plaintiff may recover attorney’s fees after receiving relief in an administrative action. The IDEA provides that a court may award attorney’s fees to a party that prevails “[i]n any action or proceeding brought under” the statute.
Additionally, the policies behind the IDEA’S administrative process — namely efficiency and fairness — militate towards this interpretation.
The District apparently suggests that both the Supreme Court and the Ninth Circuit have held that a party may recover attorney’s fees under the IDEA only where a court sanctions the plaintiffs relief.
The Supreme Court case cited by the District, Buckhannon, addressed whether a party who brings suit and receives relief in a private settlement — without any involvement by a third-party decision maker — may seek statutory attorney’s fees as a prevailing party.
The Ninth Circuit has held that Buckhannon’s definition of “prevailing party” applies to the IDEA’S attorney fee provision.
Other courts, including at least the Fifth, Third and Second Circuits, have held that agency orders confer “prevailing party” status.
The District also cites E.W. ex rel. C.W. v. Rocklin Unified Sch. Dist. to suggest that some District Courts have refused to confer prevailing party status following an administrative proceeding; but that case does not support the District’s position. The court in E.W. impliedly recognized an agency determination could confer prevailing party status, but ruled that the agency hearing officer’s order did not establish that the plaintiff had prevailed in his claim.
Given the IDEA’S statutory language, the purpose of the administrative process scheme, and the case law, I find that prevailing in an administrative action is prevailing under the IDEA. Y.Z. is therefore permitted to recover attorney’s fees.
B. Fee calculation
As a preliminary matter, Y.Z. argues I may not reduce its fee calculation because the District unreasonably protracted the litigation. Y.Z. argues the District unreasonably delayed by failing to pay Y.Z.’s attorney’s fees when the administrative action was settled.
The District raises two grounds for reduction of Y.Z.’s fee calculation: (1) Y.Z. did not prevail on all of his claims, and (2) Y.Z.’s attorneys billed at excessive rates and for excessive time.
i. Reduction for extent of Y.Z.’s success on the merits
Where a party does not succeed on all of his claims, the court has discretion to reduce the attorney’s fees award
The District argues any award of fees should be reduced by at least 25% to account for Y.Z.’s failure to obtain relief for two out of his four claims.
(1) failing to provide Student a bilingual program of instruction;
(2) failing to provide Student with a certified special education teacher;
(3) failing to provide Parent with notice of the agency’s actions in Parent’s primary language; and
(4) failing to implement certain provisions of Student’s IEP.43
The District argues Y.Z. succeeded only on his claims regarding document translation for Y.Z.’s parents, and failure to implement aspects of the IEP concerning toilet use. But as pointed out by Y.Z., the District also agreed to provide 120 hours of education services meant to compensate for issues relating to Y.Z.’s first two claims regarding teaching inadequacies.
ii. Reasonableness of Y.Z.’s fee calculation
The IDEA permits Y.Z. to recover only “reasonable” attorney’s fees.
i. The number of hours Y.Z.’s attorneys billed
Generally, “the court should defer to the winning lawyer’s professional judgment as to how much time he was required to spend on the case; after all, he won, and might not have, had he been more of a slacker.”
Y.Z. submitted detailed billing records meticulously recording counsel’s billed hours to the tenth of the hour.
In the instant litigation, counsel billed a total of 18.9 hours for combined attorney and support staff time. Among other things, Y.Z.’s counsel negotiated with the District, prepared the complaint and redacted exhibits, petitioned for a guardian ad litem, filed documents, met with Y.Z.’s parents, prepared disclosures, drafted and responded to written discovery, and prepared the instant motion and accompanying documents. Notably, Y.N’s counsel frequently did not bill for time spent on small projects such as preparing supplemental disclosures to its invoices.
For the entire work-up of the case and representation through the administrative process, counsel billed less than three eight-hour days. Counsel billed a little over two eight-hour days for the entirety of the instant litigation, which included thorough briefing of significant legal issues. I find the number of hours billed by Y.Z.’s counsel to be reasonable given the circumstances of this case and the work performed.
ii. Y.Z.’s counsel’s hourly rate
Plaintiffs are entitled to seek reimbursement at the prevailing rate in the community for the kind and quality of services that were furnished. Courts consider various factors when determining whether to reduce rates, including counsel’s skill, reputation, and experience.
That Ms. Adams bills $410 per hour in her California practice does' not negate Y.Z.’s evidence showing that a well-seasoned lawyer such as Ms. Adams is likely to charge $410 in our community.
Y.Z.’s proposed rate for Michelle Jones, his primary counsel, is $325 per hour. Y.Z. provided affidavits attesting that this is a reasonable rate in this community given Jones’ relative level of experience and skill, and the specialized nature of special education practice.
Y.Z. failed to offer sufficient evidence in support of his proposed rate of $190 and $195 for Alba Ojeda, the paralegal who worked on his case and acted as counsel’s translator. The only evidence Y.Z. offers in support of this rate is his
Hi. Reasonable attorney fee award
I reduce Y.Z.’s proposed calculation of fees and costs related to his administrative action by $359.50 to account for my reduction of Ojeda’s rate and the exclusion of Y.Z.’s proposed support services fees. I reduce Y.Z.’s proposed calculation for fees and costs related to his court litigation by $62.50 to account for my reduction of Oje-da’s rate.
III. CONCLUSION
IT IS THEREFORE ORDERED that Plaintiffs motion for fees and costs is GRANTED IN PART. Plaintiff is awarded $13,629.00 in fees and costs.
. Y.Z. is a minor who brings suit by and through his guardian ad litem.
. (Dkt. # 13, Exh. 1.).
. {Id.).
. (Id.).
. (Id.).
. (Dkt. # 13, at 3.).
. (Dkt. # 13, Exh. 1.).
. (Dkt. # 1, at 11, 18.).
. (Dkt. # 13, Exh. 2.).
. (Dkt. # 13, Exh. 3.).
. 20 U.S.C. § 1415(i)(3)(B).
. Seattle Sch. Dist., No. 1 v. B.S., 82 F.3d 1493, 1502 (9th Cir. 1996).
. The Ninth Circuit has confirmed that a settlement agreement incorporated into a consent decree may qualify as “judicial relief” for purposes of conferring prevailing party status. Carbonell v. INS., 429 F.3d 894, 901 (9th Cir. 2005) (“In Labotest [Inc. v. Bonta, 297 F.3d 892 (9th Cir. 2002)], as here, the district court incorporated a voluntary stipulation agreed to by the parties into an order.” We held that "[t]he degree of judicial involvement ... [was] sufficient to satisfy the requisite quantum envisioned by Buckhannon.").
. Buckhannon Bd. and Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 U.S. 598, 604, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001).
. 20 U.S.C. § 1415(i)(3)(B)(i).
. 591 F.3d 417, Fn. 4; see also 20 U.S.C. § 1415(i)(3)(D)(i) (“Attorneys’ fees may not be awarded ... in any action or proceeding under this section for services performed subsequent to the time of a written offer of settlement to a parent if [inter alia] ... the offer is made ... in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins ... and ... the court or administrative hearing officer [makes specified findings] .... ” (emphasis added)); 20 U.S.C. § 1415(i)(3)(D)(ii) (referring to attorneys' fees awarded for meetings "convened as a result of an administrative proceeding or judicial action” (emphasis added)).
. DOE's Supplemental Letter Br. of May 12, 2004, at 2, A.R. ex rel. R.V. v. N.Y. City Dep't of Educ. (citations omitted) ("[I]t is well settled that attorney[s] fees are available to parents who prevail at an impartial due process hearing. This Court implicitly so ruled in Vultaggio v. [Board of Education, 343 F.3d 598 (2d Cir. 2003) ]. . . Other Circuits have explicitly held that attorney[s] fees are available for appearances at an IDEA due process hearing.”).
. A.R. ex rel. R.V. v. New York City Dep’t of Educ., 407 F.3d 65, 76 (2d Cir. 2005) (discussing the "IDEA’S intent to permit awards to winning parties in administrative proceedings even where there has been no judicial involvement ...”). General principles of judicial efficiency are also served by this interpretation. In re Lakeshore Vill. Resort, Ltd., 81 F.3d 103, 107 (9th Cir. 1996).
. Roster v. Frederick Cnty. Bd. of Educ., 921 F.Supp. 1453, 1455 (D.Md. 1996).
. Fraser v. Tamalpais Union High Sch. Dist., C-06-1255 MMC, 2006 WL 1348427 (N.D.Cal. May 17, 2006) aff'd sub nom. Fraser v. Tamalpais Union Sch. Dist., 281 Fed.Appx. 746 (9th Cir. 2008).
. (Dkt. # 15, at 5-9.).
. Buckhannon Bd. and Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 U.S. 598, 604, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001).
. Buckhannon Bd. and Care Home, Inc., 532 U.S. 598, 604, 121 S.Ct. 1835.
. The District suggests Buckhannon’s requirement of a “court-order” automatically precludes an agency order from conferring prevailing party status. Even if the Supreme Court meant to affirmatively restrict prevailing party status to orders signed by federal judges, the language would be dicta given the Supreme Court was not faced with the administrative-order issue.
. A.R. ex rel. R.V. v. New York City Dep’t of Educ., 407 F.3d 65, 67 (2d Cir. 2005).
. See Shapiro v. Paradise Valley Unified Sch. Dist. No. 69, 374 F.3d 857, 865 (9th Cir. 2004).
. See P.N. v. Seattle School Dist. No. 1, 474 F.3d 1165, 1173 (9th Cir. 2007) (“There is language in P.N. v. Clementon Bd. of Educ., 442 F.3d 848 (3d Cir. 2006), indicating that a consent decree entered by an administrative law judge may meet the judicial imprimatur prong of “prevailing party”... [w]e need not consider the Third Circuit's approach as here the settlement agreement was only signed by the parties and no consent decree was entered by any administrative law judge or hearing officer.”).
. (Dkt. # 15, 7-8.).
. See note 20 and accompanying text.
. Los Angeles Cnty. Office of Educ. v. C.M, 550 Fed.Appx. 387, 388 (9th Cir. 2013).
. See, e.g., El Paso Indep. Sch. Dist. v. Richard R., 591 F.3d 417, Fn. 4 (5th Cir.Tex. 2009); A.R. ex rel. R.V. v. New York City Dep’t of Educ., 407 F.3d 65, 67 (2d Cir. 2005); P.N. v. Clementon Bd. of Educ., 442 F.3d 848, 854 (3d Cir. 2006), as amended (Apr. 27, 2006), as amended (May 16, 2006); T.D. v. LaGrange Sch. Dist. No. 102, 349 F.3d 469, 479 (7th Cir. 2003) ("[T]he IDEA does allow fees to the prevailing party in administrative hearings.”).
. V.G. v. Auburn Enlarged Cent. Sch. Dist., 349 Fed.Appx. 582, 583 (2d Cir. 2009) (internal citations omitted); A.R. ex rel. R.V. v. New York City Dep’t of Educ., 407 F.3d 65, 67 (2d Cir. 2005); Mr. L. v. Sloan, 449 F.3d 405, 407 (2d Cir. 2006).
. P.N. v. Clementon Bd. of Educ., 442 F.3d 848, 854 (3d Cir. 2006), as amended (Apr. 27, 2006), as amended (May 16, 2006).
. To the contrary, cases addressing this specific issue generally hold that agency orders may confer prevailing party status. See, e.g., Hawkins v. Berkeley Unified Sch. Dist., 250 F.R.D. 459, 465 (N.D.Cal. 2008); C.H. ex rel. M.H. v. Jefferson Twp. Bd. of Educ., CIV.A.05-39(HAA), 2005 WL 4122172 (D.N.J. Dec. 20, 2005) (finding prevailing party status where agency incorporated a settlement agreement into an agency order); L.H. v. Chino Valley Unified Sch. Dist., 944 F.Supp.2d 867, 874 (C.D.Cal. 2013) ("As previously discussed, Buckhannon clarified that to be considered a "prevailing party” in an administrative proceeding, a complainant must achieve a "material alteration” of the parties’ legal relationship that is “judicially sanctioned.” ").
. E.W. ex rel. C.W. v. Rocklin Unified Sch. Dist., 2:05-CV-0194-MCE-DAD, 2006 WL 2830172 (E.D.Cal. Sept. 29, 2006).
. Y.Z. also argues for the first time in his reply, that I am precluded from reducing his attorney’s fees because the District committed procedural violations. (Dkt. #19, at 8-9.) Y.Z. provides no authority indicating that settling claims somehow equates to an admission that the District committed procedural violations of the IDEA.
. 20 U.S.C. § 1415(i)(3)(G).
. (Dkt. # 15, Exh. 3.).
. Hensley v. Eckerhart, 461 U.S. 424, 436-37, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983); Aguirre v. Los Angeles Unified Sch. Dist., 461 F.3d 1114, 1121 (9th Cir. 2006) ("[A]ttorney’s fees awarded under 20 U.S.C. § 1415 are governed by the standards set forth by the Supreme Court in Hensley and its progeny.”).
. Crawford v. San Dieguito Union Sch. Dist., 202 Fed.Appx. 185, 186 (9th Cir. 2006).
. Hensley v. Eckerhart, 461 U.S. 424, 435-36, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).
. (Dkt. # 15, at 9-13.).
. (Dkt. # 15, at 12.).
. (Dkt. # 13, Exh. 1.).
. 20 U.S.C. § 1415.
. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983).
. 20 U.S.C. § 1415(f)(3)(F) (stating fees may be reduced where the rate "unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience; [or] (iii) the time spent and legal
. (Dkt. # 15, at 13-18.).
. See McGinnis v. Kentucky Fried Chicken of California, 51 F.3d 805, 809 (9th Cir. 1994) ("A judge may consider all the factors without talking about all of them because most are not matters on which anything is at issue or needs to be said.”).
. Moreno v. City of Sacramento, 534 F.3d 1106, 1112 (9th Cir. 2008).
. Id.
. (Dkt. # 13, Exh. 2.).
. (Dkt. # 13, Exh. 2.).
. (Dkt. # 13, Exh. 3, at 4.).
. The District also suggests that counsels' representation of multiple students in similar cases should warrant a reduction in the number of hours spent on this case. I have no evidence before me indicating Y.Z.'s counsel needlessly repeated work.
. Moreno v. City of Sacramento, 534 F.3d 1106, 1114 (9th Cir. 2008); see also 20 U.S.G. § 1415(i).
. (Dkt. # 15, at 13-21.) The District does not adequately support its contention that no courts in this forum have awarded more than $250 per hour for attorneys in special education cases, and I therefore do not consider this argument.
. (Dkt. # 13, Affidavit of Deidre Hammon, at ¶ 3.) The District suggests I should ignore Mr. Hammon’s declaration because he is not an attorney. Mr. Hammon is a consultant who attested to his familiarity with attorney rates in this community. I see no reason to exclude this evidence. (Id. at ¶¶ 1-8.).
. (Dkt. #13, Affidavit of Jean Adams, ¶¶ 1-3.).
. (Id.).
. See, e.g., Waite v. Clark County Collection Servs., LLC, 2012 WL 6812172, 2012 U.S. Dist. LEXIS 183732 (D.Nev. Oct. 16, 2012) (discussing recovery of consultant fees).
. (Dkt. # . 13, at 3; Exh. 2, at 2-3; Exh. 2, at 4-5; 13, Exh. 2, at 6; 13, Exh. 2, at 7.).
. (Dkt. # 19, Exh. 1.).
. (Dkt. # 13, at 2.).
. (Id. at 3.).
. (Dkt. # 13, Affidavit of Jean M Adams, ¶ 5.).
. (Dkt. # 15, at 21; Exh. 7.).
. (Dkt. # 13, Exhs. 2-3.).
. (Dkt. # 15, Exh. 7, at ¶ 16.).
. I calculated these reductions by multiplying Ojeda’s billed hours by the new rate of $125 per hour.
Reference
- Full Case Name
- Y.Z., a minor, by and through Guardian ad Litem and individual, Graciela ARVIZU v. CLARK COUNTY SCHOOL DISTRICT
- Cited By
- 2 cases
- Status
- Published