Merrick v. Dist. of Columbia
Merrick v. Dist. of Columbia
Opinion of the Court
Plaintiffs Tamecka Merrick and her adult son, Ronald Washington, brought this action against defendant, the District of Columbia, seeking to collect attorneys' fees incurred while bringing a successful administrative action under the Individuals with Disabilities Education Act ("IDEA"),
Plaintiffs are seeking $37,682.80 in attorneys' fees and $73.50 in costs related to the underlying administrative action, Compl. [Dkt. # 1] ¶ 21; Statement of Account, Ex. 12 to Pls.' Mem. [Dkt. # 7-12] ("Statement of Account I") at 12, in addition to $21,013.40 in attorneys' fees and $492.40 in costs for pursing this action in federal court. See Pls.' Mem. at 13; Statement of Account, Ex. 1 to Pls.' Suppl. Filing. [Dkt. # 11-1] ("Statement of Account II") at 5.
For the following reasons, the motion will be granted in part. The Court will award $36,583.20 in attorneys' fees and $73.50 in costs for pursuing the underlying administrative proceeding, and $12,000.00 in attorneys' fees and $492.40 in costs for litigating the fee petition in this Court.
BACKGROUND
Ronald Washington is a deaf adult student who requires instruction to be provided in American Sign Language ("ASL"). Hearing Officer Determination, Ex. 1 to Pls.' Mem. [Dkt. # 7-1] ("HOD") at 2; see also
At the end of November 2016, Mr. Washington was released from a D.C. Department of Youth Rehabilitation Services ("DYRS") school and was placed in a foster home in Maryland. HOD at 1-2; see also
Following DCPS' refusal to provide services or convene an IEP meeting, Ms. Merrick filed an administrative due process complaint on her son's behalf. Compl.
*505¶ 9. She alleged that DCPS denied her son a free appropriate public education ("FAPE") when it failed to provide him with special education services such as ASL tutoring.
The Hearing Officer concluded that DCPS did indeed deny Mr. Washington a FAPE when it failed to implement his IEP after he was placed in a foster home in late November 2016. HOD at 12. And on April 6, 2017, the Hearing Officer ordered that Mr. Washington receive 120 hours of individual tutoring in ASL either through DCPS or through an independent tutor funded by DCPS at market rates. HOD at 15; Compl. ¶¶ 11-12; Pls.' Mem. at 4.
On October 16, 2017, plaintiffs filed a complaint in this Court seeking to collect fees and costs incurred as part of the administrative hearing. See generally Compl. Plaintiffs filed a motion for attorneys' fees on January 12, 2018, see Pls.' Mot., and the motion is fully briefed.
STANDARD OF REVIEW
Under the IDEA, the Court has the discretion to "award reasonable attorneys' fees as part of the costs ... to a prevailing party" in an administrative proceeding "who is the parent of a child with a disability."
A plaintiff bears the burden of establishing both the reasonableness of the hourly rate and the reasonableness of the number of hours spent on a particular task. Eley v. District of Columbia ,
After the moving party has met this burden, the number of hours and rate are presumed reasonable, and the non-moving party must rebut the moving party's showing with "equally specific countervailing evidence."
*506Covington ,
ANALYSIS
Defendant does not dispute that plaintiffs were the prevailing parties in the underlying administrative action within the meaning of the IDEA and that they are therefore entitled to some amount of attorneys' fees. See Def.'s Opp. at 2. The only question before the Court is whether the attorneys' fees sought by plaintiffs are reasonable.
I. The hours expended by plaintiffs' counsel were reasonable.
Plaintiffs ask for $37,682.80 for 96.5 hours of work performed to litigate the underlying administrative proceeding. Defendant does not take issue with the documentation provided in support of this request, or with any specific hours billed.
Plaintiffs have the burden of demonstrating that the number of hours expended on particular tasks by their attorneys were reasonable. Nat'l Ass'n of Concerned Veterans ,
Courts also have the discretion to reduce attorneys' fees awards to account for partial or limited success on the merits by either eliminating specific hours or reducing the award as a whole. Hensley ,
Here, the student's parent brought an administrative complaint in order to litigate one issue: whether Mr. Washington was denied a FAPE when DCPS failed to implement his IEP when he moved into a foster home. The complaint sought three forms of relief for the alleged violation of the IDEA: (1) an order compelling DCPS to provide Mr. Washington with a certified ASL tutor through the Home and Hospital Instruction Program; (2) 150 hours of compensatory education; and (3) an independent education evaluation. HOD at 3; 12-14.
For the reasons set out in the Hearing Officer's decision, the relief awarded was 120 hours of compensatory education in ASL. See HOD at 15. But the Court does not find it to be appropriate to reduce the attorneys' fees award by fifteen percent. "A reduced fee award is appropriate if the relief... is limited in comparison to the scope of the litigation as a whole." Hensley ,
Moreover, it seems as if the 120 hours of compensatory education was awarded in place of an independent education evaluation because awarding both would have been duplicative. See Def.'s Opp. at 19 ("The award lacked an [independent education evaluation], but did provide compensatory education, which was the purpose behind seeking an [independent education evaluation]"). And, the Hearing Officer rejected Ms. Merrick's request for services through the HHIP because that would have marked a significant change in the student's educational placement. HOD at 12. Since his IEP team was scheduled to meet soon, the Hearing Officer concluded that "it would not be appropriate ... to dictate [Mr. Washington's] ongoing placement." Id. at 12-13.
Finally, the administrative hearing involved one claim based on one set of facts and legal theories, and the expenditure of attorney time would not have changed dramatically if the hearing officer had awarded the other forms of requested relief. See Hensley ,
Therefore, the Court finds that plaintiffs' counsel reasonably expended 96.5 hours of work, but it will reduce the award by $483.00, which reflects the 1.5 hours charged by Mr. Nabors on October 3, 2016 for research related to the Home Hospital Instruction Program.
*508II. Plaintiffs' counsels' rates were reasonable.
Plaintiffs bear the burden of establishing the reasonableness of the hourly rates charged by their attorneys for services rendered in the underlying proceedings. Eley ,
To establish the prevailing market rate, a plaintiff must "produce satisfactory evidence-in addition to the attorney's own affidavits-that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.' " Eley ,
Here, there is no debate about whether plaintiffs have met their burden as to the first two prongs,
The D.C. Circuit has declined to weigh in on the question of whether IDEA litigation qualifies as "complex federal litigation" to warrant the presumptive application of any version of the Laffey Matrix. See Reed ,
Some courts have adopted the approach of discounting even the lower USAO Laffey rates to account for a lack of complexity in the underlying proceedings, see McAllister v. District of Columbia ,
Plaintiffs have proffered affidavits from attorneys who are familiar with, and who have litigated, IDEA cases, and they speak to the complexity of those types of cases. "Mere conclusory statements that IDEA litigation is 'as complex' as other types of cases deemed by this court to be 'complex federal litigation,' absent an explanation of why this is so, cannot suffice to meet *511[plaintiffs'] burden." Reed ,
Therefore, the Court concludes that it is not appropriate to reflexively reduce the USAO Laffey Matrix rates by twenty-five percent to account for a lack of complexity in the underlying administrative proceedings. Furthermore, because an attorney's total fee award is determined by multiplying the number of hours expended by the hourly rate, reducing the USAO Laffey rates to reflect the brevity of the case improperly accounts for the length of the proceedings twice. See Eley v. District of Columbia ,
Moreover, plaintiffs have provided the Court with additional evidence to carry their burden of establishing that their requested rates reflect the "rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished,"
Besides pointing to the fee matrix itself, a plaintiff may meet her burden by producing evidence "that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation." Eley ,
Here, plaintiffs have submitted five declarations from IDEA practitioners in this jurisdiction that support a finding that full USAO Laffey rates are the prevailing rates in the community for IDEA litigation. See Decl. of Carolyn Houck, Esq., Ex. 15 to Pls.' Mem. [Dkt. # 7-15] ("Houck Decl.") ¶¶ 6-10 (describing how she has practiced in the field of special education law since 1997 and has litigated more than 1,600 cases leading to due process hearings or settlement agreements under the IDEA, and charges clients "at or near the current attorney's fees matrix rates published by the USAO"); Jester Decl. ¶¶ 4, 12-13, 19 (stating that her primary practice area since 1987 has been children's rights, that it is her "normal practice to bill clients who are not indigent at rates equivalent to the rates set forth in the USAO Attorney's Fees Matrix," and detailing the numerous times she has been awarded full USAO Laffey rates by judges in this district); Hecht Decl. ¶¶ 12, 18 (averring that her law firm solely practices special education law, that it "currently matches its hourly rates to those in what is known as the USAO adjusted Laffey matrix," and that it "has had several paying clients that have paid these rates"); Ostrem Decl. ¶ 3 (stating that his law firm, which specializes in IDEA litigation, "has always matched its hourly rates to those in what is commonly known as the ' Laffey Matrix' "); id. ¶¶ 6, 9 (describing how he found it "impossible to sustain" a practice "for indigent parents and students by relying on the 'fee-shifting' provision of the IDEA" for many reasons including, but not limited to, "some judges regularly awarding hourly rates at 75% of the rates in the USAO fee matrix"); Verified Statement of Douglas Tyrka, Ex. 15 to Pls.' Mem. [Dkt. # 7-15] ("Tyrka Decl") ¶¶ 3-5 (declaring that he has almost exclusively practiced law in the field of special education since 2003, that the law firm "has always ... charged at hourly rates matching those in what is commonly known as 'the LSI Laffey Matrix,' " that "the firm has had several clients pay the firm at the LSI Laffey Matrix rates directly," and that "[t]he firm is currently retained by clients at the LSI Laffey Matrix rates").
Defendant takes issue with these declarations, arguing that they merely show what some attorneys charge clients, rather than what they actually receive from them. Def.'s Opp. at 8-9. They maintain that such statements do not provide convincing *513evidence of the prevailing market rate. Id. In support of this position, they point to other courts in this district that have found that declarations similar to the ones submitted in this case fall short of what is necessary to demonstrate the fees that attorneys have received from fee-paying clients in comparable cases. Id. at 8-10 (citing cases).
It is true that the declarations offered by plaintiffs in this case do not establish that IDEA attorneys uniformly collect fees comparable to the USAO Laffey Matrix. While the declarants aver that they charge those rates, only a few of them state that clients have paid them. See Hecht Decl. ¶ 12 (averring that her law firm "has had several paying clients that have paid these rates"); Tyrka Decl. ¶¶ 3-4 (declaring that "the firm has had several clients pay the firm at the LSI Laffey Matrix rates directly," and that "[t]he firm is currently retained by clients at the LSI Laffey Matrix rates"). And those declarants do not specify what proportion of their clients actually pay these rates.
But the declarants also emphasize that few, if any, IDEA claimants are able to afford representation in connection with their administrative claims. See Jester Decl. ¶ 19 (explaining that the majority of her clients are indigent and cannot afford to pay attorneys' fees or costs at any level); Houck Decl. ¶ 10 ("When representing special education clients on a contingency basis, attorneys in the District of Columbia accept that representation for the prospect of recovering fees based on the reasonable fee-shifting guidelines found in the USAO's attorneys fees matrix."); Hecht Decl. ¶ 13 (averring that most of the firm's clients are indigent and that those "clients sign retainer agreements that do not require them to pay fees upfront but do advise them that the firm will be seeking full Laffey Matrix rates on the client's behalf").
While some courts in this district have found that statements like the ones made in the declarations in this case are unconvincing, see Cox v. District of Columbia ,
Given the existence of the fee-shifting statute in IDEA cases, and the relative rarity of paying special education clients, the Court finds that it would be unrealistic to expect a greater level of specificity than what was submitted in this case.
Further, plaintiffs supplement this evidence by pointing to recent fee awards in this district in which prevailing IDEA claimants were reimbursed at full USAO Laffey rates. See Pls.' Mem. at 8-9 (citing cases); see e.g., Wimbish ,
Because plaintiffs have met their burden, the Court must presume that the hourly rates are reasonable, and the burden *515shifts to the defense to provide "specific contrary evidence tending to show that a lower rate would be appropriate." Covington ,
Defendant offers the declaration of Floyd Hayes, who serves as the Financial Program Analyst in the DCPS Office of General Counsel, to demonstrate that seventy-five percent of the USAO Laffey hourly rate is the prevailing market rate for attorneys practicing IDEA litigation and that the rate is sufficient to attract competent counsel. See Decl. of Floyd Hayes [Dkt. # 8-2] ("Hayes Decl."); Def.'s Opp. at 16-17. The declaration includes statistics regarding the number of invoices submitted, the number of invoices that were settled, and the amount of attorneys' fees that were requested and paid for fiscal years 2014, 2015, and 2016. See Hayes Decl. ¶¶ 5-7. In 2014, DCPS settled 241 of the 303 attorneys' fees invoices submitted; in 2015, DCPS settled 212 of the 310 invoices submitted; and in 2016, DCPS settled 173 of the 234 invoices submitted.
While this evidence shows that some lawyers have agreed to accept seventy-five percent of the USAO Laffey rates for their work on behalf of IDEA plaintiffs, settlement awards present drawbacks as evidence since they likely understate the prevailing market rates for special education attorneys. The Court cannot ignore the fact that settlements reflect compromises between two parties that have factored in the costs and risks of continued litigation. A settlement that includes the payment of attorneys' fees at a seventy-five percent USAO Laffey rate may be an indication of a fair rate, but it does not necessarily mean that the rate is the prevailing market rate.
This observation is bolstered by the affidavits plaintiffs provided, which aver that rates at seventy-five percent of the USAO Laffey Matrix are too low to enable IDEA attorneys to maintain a full-time practice serving almost exclusively non-paying IDEA clients. See Hecht Decl. ¶ 36 ("If I cannot get Laffey rates in a timely manner for the legal work I perform, I may not be able to continue serving the indigent population on a contingency basis."); Ostrem Decl. ¶¶ 6-9 (stating that he "found it impossible to sustain" a practice that was completely focused on IDEA cases for indigent parents and students because he "could not afford" it); Tyrka Decl. ¶ 7 (averring that "it has become very difficult to earn a reasonable income" from IDEA litigation, and "impossible to maintain a law firm that relies upon that work for the majority of its work"); id. ¶ 41 ("I believe that with the sometime application of '75% USAO rates,' it is impossible to maintain a practice in which a large portion of the work is IDEA work for non-paying clients.").
Therefore, the information provided by the District is insufficient for it to meet its burden to provide "specific contrary evidence tending to show that a lower rate would be appropriate." Covington ,
Utilizing the USAO Laffey rates, and adjusting the hours expended as outlined by the Court above, the Court will award plaintiffs' counsel $36,583.20 in attorneys'
*516fees and $73.50 in costs.
III. Plaintiffs' counsel are entitled to a fees-on-fees award.
Plaintiffs also ask the Court to "order fees-on-fees, based on the USAO Attorneys Fee Matrix." Pls.' Mem. at 13. However, plaintiffs did not submit a final invoice to the Court with their reply brief; rather, defendant was the party that attached a "draft" of plaintiffs' counsels' invoice for litigating the fee issue in this Court. See Ex. 1 to Def.'s Opp. [Dkt. # 8-1] ("Draft Invoice").
On June 19, 2018, plaintiffs submitted the final invoice and also attached declarations from two additional law firm employees who worked minimally on the case, Charles Sibert and Joseph Golinker. See Pls.' Suppl. Filing in Resp. to Ct.'s June 15, 2018 Order [Dkt. # 11]; Statement of Account II; Decl. of Charles A. Sibert, Esq. [Dkt. # 11-2] ("Sibert Decl.");
"IDEA litigants are entitled to receive compensation for the hours expended pursuing an initial fee award in District Court." Reed ,
*517Kaseman v. District of Columbia ,
Defendant argues that the hourly rate awarded for the time spent preparing plaintiffs' fee petition should be fifty percent of the USAO Laffey Matrix rate. Def.'s Opp. at 17.
The District has "failed to provide any evidence suggesting that the 'prevailing market rate' for fees-on-fees is distinct from the rate used to calculate attorneys' fees for the administrative proceedings." Reed ,
But that does not end the inquiry. An attorneys' fee award is determined by the "number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." Hensley ,
After plaintiffs failed to file a final invoice with their reply brief, the Court instructed plaintiffs to submit "a final invoice that covers the period through the filing of the reply brief in this case." Min. Order (June 15, 2018) (emphasis added). While plaintiffs responded to the order, they submitted a final invoice that included billable time after the filing of the reply brief on February 20, 2018. See Statement of Account II at 5 (billing 0.10 hours for "[r]ead[ing] the Court's minute order," and 1.20 hours for auditing the invoice, which included a review to "verify dates of pleadings, ecf notices, and email communications"). The Court finds that including any time counsel chose to devote to the matter after February 20, 2018 would be unreasonable, and that counsel should not be compensated for it. Therefore, the invoice will be reduced by the 0.10 hours of time billed by Mr. Moran and the 1.20 hours billed by Mr. Nabors, for a reduction of $475.40.
The only challenge defendant makes to the hours expended on the fees-on-fees litigation is to a time entry on January 5, 2018. Def.'s Opp. at 18. On that date, Mr. Moran billed 1.90 hours of time for "[r]eview[ing] prior HOD and complete client file, and compar[ing] to current procedural posture." Statement of Account II at 4. Defendant argues that the Court should discount the invoice by 1.90 hours because "[n]o clear inference lies supporting the relation of this entry to their current motion or argument." Def.'s Opp. at 18. Because plaintiffs do not respond to this argument in their reply brief, see generally Pls.' Reply, and the Court cannot determine the purpose of this work-or why it took nearly two hours to complete-the Court will also reduce the fees on fees award by the $1,143.80 billed for this time entry.
These deductions would result in an award of $19,394.20 in attorneys' fees and $492.40 in costs for the fee litigation, or a fees on fees award equal to approximately fifty-three percent of the fee for litigating the matter at the full USAO Laffey Matrix rate. The Court finds this to be somewhat disproportionate and excessive, since the hours to be spent on the fee petition were largely within counsel's control, and in its discretion, it will reduce the fees on fees award to $12,000.00, or approximately one third of the fee for litigating the matter.
CONCLUSION
For the foregoing reasons, the Court will grant plaintiffs' motion for attorneys' fees in part, and it will award plaintiffs' counsel $36,583.20 in attorneys' fees and $73.50 in costs for the underlying administrative proceeding, and $12,000.00 in attorneys' fees and $492.40 in costs for litigating the fee petition in this Court. Judgment will be entered for plaintiffs in the amount of $49,149.10 in attorneys' fees and costs.
A separate order will issue.
The parties agreed in their Rule 16.3 Report that this case can be resolved through a dispositive motion for attorneys' fees instead of a motion for summary judgment. See Rule 16.3 Report [Dkt. # 6] at 2.
Def.'s Opp. to Pls.' Mot. [Dkt. # 8] ("Def.'s Opp."); Pls.' Reply to Def.'s Opp. [Dkt. # 9] ("Pls.' Reply").
However, the parties and the Court identified certain typographical errors, and the fee award will be adjusted accordingly. The first mistake was a time entry made on March 10, 2017 that billed Mr. Moran's research time at a rate of $602.00 per hour instead of $581.00. See Statement of Account I at 7. The bill should reflect a charge of $929.60 instead of $963.20, so the bill will be reduced by $33.60. Next, there is an entry from March 23, 2017 in which Mr. Nabors' travel time was inadvertently billed at $166.00 per hour instead of $161.00 per hour. See Statement of Account I at 10; Def.'s Opp. at 3; Pls.' Reply at 2. The bill reflected a charge of $66.40 for travel, but it should have only charged $64.40. The total bill will be reduced by $2.00 for this error. In addition, plaintiffs have withdrawn a February 6, 2017 entry in which their attorneys accidentally charged 0.10 hours of time at a rate of $5,810 for a total of $581.00. Pls.' Reply at 5. This will reduce the bill by $581.00. Altogether, the fee award will be reduced by $616.60.
It is unclear if defendant is asking for a fifteen percent reduction in hours or to the total fee award.
Plaintiffs have provided adequate evidence supporting their attorneys' billing practices and their skill, experience, and reputation, and defendant does not challenge the supporting evidence. See Def.'s Opp. at 7-8 (positing that the "chief dispute" is about the proper prevailing market rate). Plaintiffs were represented in the administrative proceeding by Stevie Nabors, Esq. and Charles Moran, Esq. Mr. Nabors earned his law degree from American University's Washington College of Law in 2011 and was admitted to practice law in the District of Columbia in 2013 where he has primarily litigated IDEA cases. Decl. of Stevie Nabors, Esq., Ex. 13 to Pls.' Mem. [Dkt. # 7-13] ("Nabors Decl") ¶ 2. He has successfully litigated more than thirty cases in the Office of Dispute Resolution, the District Court for the District of Columbia, and the D.C. Circuit. Id. ¶ 15. Charles Moran earned his law degree from Duke University Law School in 1967, he was admitted to the District of Columbia bar in 1968, and he has been practicing in the field of special education law, focusing on IDEA cases, for approximately twenty-five years. Decl. of Charles A. Moran, Esq., Ex. 14 to Pls.' Mem. [Dkt. # 7-14] ("Moran Decl") ¶¶ 3-5. Both attorneys are members of Moran & Associates, a private public-interest law firm. Nabors Decl. ¶ 10.
Further, both lawyers averred that the firm adjusted rates in the last few years to be in accordance with the United States Attorneys' Office Fee Matrix. Moran Decl. ¶ 7; Nabors Decl. ¶¶ 5-6. That change was a reflection of recent D.C. Circuit precedent, as well as an effort to remain competitive with peers who were charging USAO Laffey Matrix rates. Moran Decl. ¶ 14; Nabors Decl. ¶¶ 5-6. Since that shift, the firm has "been paid [USAO] rates by clients on matters concerning education law, employment law, and labor rights." Nabors Decl. ¶ 9. Mr. Nabors also said that because the vast majority of cases the firm receives are appointed through the Counsel for Child Abuse and Neglect Panel, the attorneys "are barred by the D.C. Code from accepting payment from the client. As a consequence, [they] must accept these cases on a contingency basis and cannot charge the client any fees." Id. ¶ 10. Mr. Nabors asserted that "the firm's billing practices are structured" in a way to further the firm's primary purpose of assisting indigent children with disabilities rather than to generate [a] profit. Id. ¶ 11. He also averred that he "performed an exit audit to remove duplicitous time" from the invoice, id. ¶ 17, and both attorneys asserted that the remaining time billed is reasonable based on the relief secured. Id. ; Moran Decl. ¶ 16.
The Laffey Matrix is "a schedule of charges based on years of experience developed in Laffey v. Northwest Airlines, Inc. ,
Plaintiffs contend that defendant is collaterally estopped from arguing that plaintiffs' counsel should only receive seventy-five percent of the USAO Laffey Matrix. Pls.' Reply at 6-9. They maintain that this issue was already litigated in a previous case between the same two parties in this Court. See Merrick v. District of Columbia ,
In Merrick I , the parties litigated four specific claims before a Hearing Officer relating to placing Mr. Washington in a residential facility, which then gave rise to the attorneys' fees litigation in this Court.
The Court of Appeals has not expressly held that IDEA litigation is complex enough to warrant the use of a specific matrix. See Reed ,
As this Court has pointed out in the past, any effort to determine a prevailing market rate will fall short of perfection since the special education bar does not function in an ordinary market. While there is a small portion of clients who can pay the full freight, these cases are litigated under a fee-shifting statute, many attorneys willingly assume the risk that they may not be paid at all if they are unsuccessful, and the fees obtained when plaintiffs prevail are ultimately set by judges with varying points of view, some of whom regularly discount fee petitions by a variety of percentages for a variety of reasons. The situation cries out for a better solution. See Merrick I ,
Even recent fee awards in the district may underestimate the prevailing market rate for IDEA litigation. As another court has pointed out, many IDEA attorneys may request reimbursement below full USAO Laffey rates to avoid prolonged litigation and secure timely reimbursement. Flood ,
In addition, plaintiffs submitted a Department of Justice market survey conducted by economist Dr. Laura A. Malowane, as well as the 2015 National Law Journal market survey, to support their position that the USAO Laffey Matrix is the appropriate index to determine attorneys' fees. See Decl. of Dr. Laura A. Malowane, Ex. 17 to Pls.' Mem. [Dkt. # 7-17] ¶ 4 ("In my opinion the attorney fee matrix issued and updated by the United States Attorneys' Office for the District of Columbia ... is the appropriate matrix to use for purposes of determining plaintiff's attorneys' fees."); Ex. 16 to Pls.' Mem. [Dkt. # 7-16]. Defendant insists that the Court should disregard Laura Malowane's declaration because it was prepared for another case. Def.'s Opp. at 14. It also argues that the National Law Journal market survey "provides no evidence of the reasonable market rate" because it does not identify attorney years of experience, it includes a number of practice areas such as white collar crime and transactional attorneys, and it does not specify if the rates are merely charged by practitioners or actually received from clients. Id. at 15. Because the other evidence plaintiffs provided is sufficient for them to meet their burden, the Court need not evaluate the weight of this additional evidence. The Court notes, however, that market surveys have been endorsed by the Court of Appeals as another form of evidence a plaintiff may provide to prove the prevailing market rate. See Eley ,
Defendant did not oppose the request for $73.50 in costs. See Def.'s Opp. at 21 ("Costs total $73.50 for the underlying administrative action ....").
The Draft Invoice included charges up through January 5, 2018. See Draft Invoice at 3. At that point in time, plaintiffs' counsels' fees had amounted to $9,960.40.
Charles Sibert earned his law degree from American University Washington College of Law in May 2016 and was admitted to practice law in Michigan in June 2017. Sibert Decl. ¶ 2. Shortly after his admittance to the Michigan bar, he began practicing law in Washington, D.C. under the supervision of Charles Moran and Stevie Nabors pursuant to D.C. Court of Appeals Rule 49(c)(8). Id. ¶ 13. Mr. Sibert was admitted to the D.C. bar on February 5, 2018. Id. ¶ 4. Mr. Sibert averred that his practice focuses on special education law under the IDEA, and that his billing rate is $302.00 per hour pursuant to the current USAO Laffey Matrix. Id. ¶¶ 6-7.
Joseph Golinker earned his law degree from American University Washington College of Law in 2014, and he is a member of the State Bar of New Mexico. Golinker Decl. ¶¶ 2, 10. He has five years of combined experience in special education teaching, law, and advocacy, and he currently works as a law clerk at Moran and Associates. Id. ¶¶ 7, 9. The firm "customarily bills for [his] time at the USAO matrix paralegal rate," which is $164.00 per hour. Id. ¶ 11; see also USAO Laffey Matrix.
Plaintiffs' Draft Invoice originally sought $490.60 in costs, and defendant did not oppose that request in its brief. See Draft Invoice at 3; Def.'s Opp. at 21 ("Costs total... $490.60 incurred for fees on fees"). Although the amount now includes an additional $1.80 charge for printing, see Statement of Account II at 5, the Court will continue to treat the request for costs as unopposed.
Defendant also maintains that the fifty percent rate should be applied to the entry on plaintiffs' invoice "related to the underlying administrative action, which bills two hours' time for reviewing and preparing the invoice." Def.'s Opp. at 17; see Statement of Account I at 12 ("Exit audit invoice"). But defendant gives no legal reason for why the Court should reduce the rate assigned to that entry. Further, the District already asserted that the "prevailing market rate" is seventy-five percent of the USAO Laffey rate, and the Court has already rejected that position.
Reference
- Full Case Name
- Tamecka MERRICK v. DISTRICT OF COLUMBIA
- Cited By
- 11 cases
- Status
- Published