Robinson v. Dist. of Columbia
Robinson v. Dist. of Columbia
Opinion of the Court
I. INTRODUCTION
Plaintiff Mark Robinson, a sergeant in the District of Columbia's (the "District") Metropolitan Police Department ("MPD"), sued the District under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), and the District of Columbia Human Rights Act,
II. FACTUAL AND PROCEDURAL
*104BACKGROUND
Mr. Robinson's lawsuit was prompted by his desire to work in the Automated Traffic Enforcement Unit ("ATEU")-an MPD division created to organize traffic camera photographs, analyze evidence of traffic violations, and issue citations-and his inability to secure that work. See generally Affidavit of Mark E. Robinson ("Robinson Affidavit I"), ECF No. 24-1. Mr. Robinson began working full time in the ATEU in 2008, and he became sufficiently proficient in the unit's functions that he was tasked with training and certifying MPD officers to work in the ATEU Overtime Program, which allowed those officers to supplement their normal workload with ATEU overtime work. See
In late-2011, Mr. Robinson was transferred from the ATEU to MPD's Special Events Branch ("SEB"), ostensibly because MPD was "civilianizing" the ATEU.
Mr. Robinson brought this action in 2015, alleging that he was transferred out of the ATEU, denied reassignment to the ATEU, and denied the opportunity to participate in the ATEU Overtime Program between February 2014 and May 2015, all because of his race or in retaliation for complaining about racial discrimination. See generally Compl., ECF No. 1-3. After several rounds of briefing, the case proceeded to trial on Mr. Robinson's claim that he was denied ATEU overtime opportunities because of discrimination or retaliation. See Robinson v. District of Columbia ("Robinson I") ,
Shortly after the trial, Mr. Robinson filed a motion asking the Court to (1) enjoin the District from excluding Mr. Robinson from ATEU overtime opportunities which are not filled by officers actively working within the ATEU; (2) enjoin the District from retaliating against Mr. Robinson; and (3) enjoin the District from discriminating against Mr. Robinson on the basis of his race or color. Mot. Injunctive Relief ("Inj. Mot.") at 3, ECF No. 64. Mr. Robinson also filed motions for back pay, Mot. Award Back Pay ("Pay Mot."), ECF No. 70, and attorneys' fees, Mot.
*105Attys' Fees Costs ("Fee Mot."), ECF No. 63-1.
Those motions are now ripe for the Court's consideration. The Court concludes that while Mr. Robinson is entitled to all three types of relief, he is not entitled to all injunctive relief sought, nor is he entitled to the full amounts of back pay and attorneys' fees sought. Accordingly, as explained below, the Court grants Mr. Robinson's motions in part.
III. LEGAL STANDARDS
A. Equitable Relief
"[O]ne of the central purposes of Title VII is 'to make persons whole for injuries suffered on account of unlawful employment discrimination.' " Franks v. Bowman Transp. Co., Inc.,
If the court finds that the [defendant] has intentionally engaged in ... an unlawful employment practice charged in the complaint, the court may enjoin the [defendant] from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay ... or any other equitable relief as the court deems appropriate.
42 U.S.C. § 2000e-5(g)(1).
In considering what remedy is appropriate, a court "must strive to grant 'the most complete relief possible.' " Lander v. Lujan,
B. Attorneys' Fees
Federal Rule of Civil Procedure 54(d) requires a party seeking attorneys' fees and "related nontaxable expenses" to file a motion with the court. Fed. R. Civ. P. 54(d)(2)(A). The motion must "specify the judgment and the statute, rule, or other grounds entitling the movant to the award."
Under Title VII, the Court is authorized, in its discretion, to award "the prevailing party ... a reasonable attorney's fee (including expert fees) as part of the costs." 42 U.S.C. § 2000e-5(k). Generally, "[a] reasonable fee is one that is adequate to attract competent counsel, but that does not produce windfalls to attorneys." West v. Potter ,
First, the court must determine whether the plaintiff is the prevailing party.
Second, the court must determine whether the plaintiff's fee request is reasonable. Does I, II, III ,
Ultimately, the plaintiff bears the burden of establishing both his entitlement to attorneys' fees and the reasonableness of the fees he seeks. See Covington ,
IV. ANALYSIS
As described above, the jury concluded that Mr. Robinson's supervisor, Ms. Sutter, withheld ATEU Overtime opportunities from Mr. Robinson because of his race. Mr. Robinson's rights having been vindicated at trial, he now seeks injunctive relief, back pay, and attorneys' fees. The *107Court will address each form of relief in turn, concluding that Mr. Robinson is entitled to a portion of the injunctive relief sought, a portion of the back pay sought, and a portion of the attorneys' fees sought. Accordingly, it grants each of Mr. Robinson's motions in part.
A. Injunctive Relief
First, the Court addresses Mr. Robinson's motion for injunctive relief. Under 42 U.S.C. § 2000e-5(g)(1), the Court may grant "equitable relief" that "the court deems appropriate" to restore Mr. Robinson, as nearly as possible, to the circumstances he "would have occupied if the wrong had not been committed." Lander ,
1. Access to Overtime Opportunities
In response to the jury's finding that he was deprived of ATEU overtime opportunities because of his race, Mr. Robinson argues that the District should be enjoined from excluding him "from consideration from overtime opportunities offered in" the ATEU going forward. Inj. Mot. at 3. The District, on the other hand, argues that this relief would be overbroad because it "contemplates generic overtime opportunities offered in the ATEU," while the jury found that Mr. Robinson was discriminated against with respect to only a subset of those opportunities; those offered in the ATEU Overtime Program. Def.'s Opp'n Pl.'s Mot. Injunctive Relief ("Inj. Opp'n") at 2, ECF No. 66. The District argues that this program was discontinued "in or about May 2015," Mr. Robinson's assertions to the contrary notwithstanding. Id. at 3. The District also notes that Mr. Robinson's motion "makes no mention of racial discrimination," which suggests that Mr. Robinson's requested relief would prevent the District from excluding Mr. Robinson from consideration for ATEU overtime opportunities even for non-discriminatory reasons. Id. at 2.
The Court declines to determine whether the ATEU Overtime Program is still in operation, and it instead grants Mr. Robinson's requested relief more narrowly than it is framed in his motion. "When fashioning remedies under Title VII, courts attempt not to 'interfere with the policymaking and personnel decisions that rightly belong to public servants.' " Caudle v. District of Columbia ,
2. Retaliation
Mr. Robinson also argues that the District should be enjoined from retaliating *108against him because of his successful lawsuit. Inj. Mot. at 3. He claims that he is particularly "vulnerable" to retaliation because one of his current supervisors, Captain Robert Glover, testified for the District during the trial about SEB overtime opportunities. Id. at 2. Mr. Robinson asserts that Captain "Glover and the [MPD] command staff must be embarrassed and greatly displeased with a verdict that impliedly finds them derelict in their duties," and are likely to seek retribution. Pl.'s Reply Inj. Opp'n at 2, ECF No. 71. The District first counters that this relief "would be entirely disconnected from the [jury's] verdict," which contemplated discrimination but not retaliation. Inj. Opp'n at 3. The District next counters that "Plaintiff has offered no evidence suggesting that he is at risk of retaliation." Id. On this point, the District has the stronger argument.
Absent more specific evidence that Mr. Robinson is likely to face retaliation, forbidding retaliation-which is already forbidden by Title VII-is not necessary for the Court to address Mr. Robinson's harm. Ms. Sutter, the individual who discriminated against Mr. Robinson, no longer works for the District. Mr. Robinson's conclusory assertion that "Ms. Sutter may now or in the future be employed by [the District]" does not convince the Court that Ms. Sutter is reasonably likely to ever be in a position to retaliate against Mr. Robinson. Inj. Mot. at 2. Moreover, without additional evidence, the mere fact that Mr. Robinson's current supervisor testified for the District is not enough to show that the supervisor is likely to retaliate against Mr. Robinson. Because the Court cannot conclude that there is a "reasonable expectation" that retaliation will occur, the Court declines to impose injunctive relief addressing retaliation. Bundy v. Jackson ,
3. Discrimination
Finally, Mr. Robinson argues that the District should be enjoined from further discriminating against him because of his race. Inj. Mot. at 3. Title VII expressly provides that, after a finding of liability, "the court may enjoin the [defendant] from engaging in [the] unlawful employment practice [in question]." 42 U.S.C. § 2000e-5(g)(1). That said, "[a]lthough enjoining a defendant from further acts of discrimination is a typical remedy in Title VII cases, [the D.C. Circuit] has never held that it is a mandatory remedy ...." Johnson v. Brock ,
Neither party's briefing is particularly convincing regarding this issue. Mr. Robinson argues that "a need persists to protect [him] from further discrimination based on his race or color," and he again supports this argument with the conclusory assertion that "Ms. Sutter may now or in the future be employed by the Defendant *109or she may become a contractor of the [District], or she may currently be or become an employee of a contractor of the [District]," and in one of those roles have the opportunity to discriminate against Mr. Robinson. Inj. Mot. at 2. The District rightly notes that this assertion is wholly unsupported by the record, and it argues again that a permanent injunction is unnecessary because Mr. Robinson "has offered no evidence suggesting that he is at risk of racial discrimination in the future," given that Ms. Sutter-who was responsible for the discrimination here-is no longer employed by the District. Inj. Opp'n at 4. The District again has the stronger argument.
As noted above, Mr. Robinson has failed to demonstrate that Ms. Sutter is reasonably likely to ever again discriminate against Mr. Robinson or be placed in a position to do so. Because Ms. Sutter is no longer employed by the District, Mr. Robinson can only speculate that she may at some point become a contractor or employee of the District, and that this hypothetical position would involve oversight of Mr. Robinson. Inj. Mot. at 2. Mr. Robinson's speculation, absent any record evidence, does not give the Court "significant concerns that the District could once again fail to respond to harassment of or discrimination against" Mr. Robinson; the degree of concern that typically warrants enjoining future discrimination. Jean-Baptiste v. District of Columbia ,
B. Back Pay
Second, the Court addresses Mr. Robinson's motion for back pay under 42 U.S.C. § 2000e-5(g)(1). As noted, the purpose of Title VII relief is "to make persons whole for injuries suffered on account of unlawful employment discrimination." Albemarle ,
Mr. Robinson seeks back pay to compensate for the ATEU overtime opportunities he lost because of the District's discrimination. He claims that the "omni-present availability of ATEU overtime means that [he] could have worked an extraordinary amount of overtime in any given year," and that in "2014-15, [he] was financially motivated to work extensive overtime hours." Pay Mot. at 13. Based on this reasoning, Mr. Robinson contends that, had he not been discriminated against, he would have worked an additional 1,354 overtime hours in 2014 and 2015, justifying a back pay award of $103,572.43 plus prejudgment interest. Id. at 9-10. The District, on the other hand, contends that Mr. Robinson's back pay calculation is "unreasonable and speculative." Def.'s Opp'n Pay Mot. ("Pay Opp'n") at 2, ECF No. 75. The Court accepts Mr. Robinson's assertion that he would have worked additional overtime hours in the absence of discrimination, but the Court concludes that Mr. Robinson has not sufficiently demonstrated that he is entitled to the large amount of back pay sought. It grants a more reasonable amount.
As an initial step in determining the appropriate amount of back pay to award, the Court looks to Mr. Robinson's overtime hours in the years preceding the District's discrimination. See Caudle ,
However, Mr. Robinson argues that:
From 2011-2013, [he] worked less overtime hours for three reasons. First, [he] and his wife deemed it important to have a parent home with their youngest daughter during her most impressionable and vulnerable years (ages 10-12) so that she would not attempt to accompany her older teenage siblings who had more freedom ... Second, [he] was not able to work many overtime hours in the SEB during his first two years (2012-2013) because he did not have the skillset necessary to qualify for most of the SEB overtime work ... Third, Lisa Sutter was excluding [him] from ATEU overtime without a legitimate non-discriminatory reason.
Pay Mot. at 2 n.2; Affidavit of Mark Robinson ("Robinson Affidavit II") ¶ 12, Pay Mot. Ex. 1, ECF No. 70-1. Mr. Robinson also argues that he would have worked more OT hours in 2014 and 2015 than in the preceding years because:
[first] he needed to recover financially from the prior three years during which he was completely excluded from working overtime in the ATEU, which contributed to his decision to file bankruptcy in 2013; [second,] his children were older and required less supervision, thereby freeing [Mr. Robinson] to work more hours; and [third,] civilianization of the unit was leading to a termination of ATEU overtime opportunities so [Mr. Robinson] would have worked as much as possible while it lasted.
Pay Mot. at 8; Robinson Affidavit II ¶¶ 6, 10.
Accordingly, Mr. Robinson asserts that rather than determining back pay based on his overtime hours in the absence of discrimination, the Court should look to *111"the amount of ATEU overtime that was worked by similarly motivated persons" during the period of discrimination. Id. at 16. Because Mr. Robinson "worked more than 1[,]000 hours in 2010 before Lisa Sutter began excluding him from overtime opportunities," he claims that the "similarly motivated persons" are other MPD officers who worked at least 1,000 hours in 2014 in the ATEU Overtime Program.
To discredit Mr. Robinson's methodology, the District argues that Mr. Robinson could have worked additional SEB overtime hours in 2014 and 2015 but failed to do so.
The District notes that at trial Mr. Robinson's current SEB supervisor, Captain Robert Glover, "described in detail the many overtime opportunities available" to SEB members. Pay Opp'n at 7. Captain Glover also stated that "all three [SEB] shifts" would have allowed an officer to maximize his or her overtime opportunities. Transcript of Trial at 16:8-15 (Mar. 14, 2018), Pay Opp'n Ex. 3, ECF No. 75-3. However, the District has not provided record evidence in support of that claim, and the SEB overtime opportunities raised by Captain Glover during the trial appeared to be primarily daytime opportunities, such as sports events, parades, protests, and official government detail assignments. See Transcript of Trial at 11:8-16; 14:2-15:10 (Mar. 14, 2018). And Mr. Robinson worked the SEB day shift, when most of these opportunities would have been available. Id. 15:13-16:4; Pay Reply at 4-5. Based on the current sparse record, the Court is thus skeptical that Mr. Robinson was necessarily able to take advantage of these additional SEB overtime opportunities, even if they were as plentiful as Captain Glover suggested.
The District further notes that seventeen SEB officers earned more non-ATEU overtime hours than Mr. Robinson during the discrimination period. Pay Opp'n at 7, Pay Opp'n Ex. 4, ECF No. 75-4. However, the District has not indicated whether the SEB officers who earned more overtime than Mr. Robinson worked the same shifts as him. See id. Aside from its references to Captain Glover's trial testimony and a list of the overtime hours worked by all SEB officers during the discrimination period, the District "surprisingly offer[s] no affirmative evidence regarding mitigation," and thus "the Court has no basis to reduce the [back pay] award" to the District's requested $0 to $750. Lewis v. District of Columbia ,
*113However, while the Court accepts Mr. Robinson's contention that he would have supplemented his SEB overtime with ATEU overtime in 2014 and 2015 had he not been discriminated against, it need not accept Mr. Robinson's calculation of the amount of additional overtime he would have worked. Mr. Robinson notes that MPD officers with at least 1,000 hours of ATEU overtime during the discrimination period worked an average of approximately 1,354 overtime hours. Pay Mot. at 8. He claims "in good faith that he would have worked no less than 1,354 hours of ATEU overtime during the [discrimination period] in addition to the [526] hours of overtime he worked in the SEB." Id. at 9; Robinson Affidavit II ¶ 10. In other words, Mr. Robinson claims that he would have worked approximately 1,880 overtime hours over the sixteen-month discrimination period. The Court finds this number to be overly speculative for two reasons.
First, Mr. Robinson has not supplied sufficient data for the Court to conduct a direct comparison of his overtime hours to the overtime hours of similarly situated individuals. He provides the number of ATEU overtime hours worked by those similarly situated individuals, but he does not provide those individuals' total overtime hours. It may be true that, as Mr. Robinson asserts, those individuals accrued their ATEU overtime hours "in addition to overtime hours they worked in their respective units," (emphasis omitted), but Mr. Robinson supplies no evidence to support that statement. Pay Mot. at 6. Accordingly, the Court is left with no choice but to assume that the individuals similarly situated to Mr. Robinson during the discrimination period worked an average of 1,354 total overtime hours.
Second, Mr. Robinson has not sufficiently demonstrated that he could reasonably have accumulated 1,880 overtime hours. He claims that, if given the opportunity, he would work two back-to-back ATEU overtime shifts on his days off from the SEB, Pay Mot. at 5, but the District presents evidence indicating that Mr. Robinson worked back-to-back shifts on a day off very infrequently between 2010 and 2015. See Pay Opp'n at 7; Pay Mot. Ex. 2. Mr. Robinson also identifies six officers "working in a branch of the Special Operations Division"-the division in which the SEB is housed-who accumulated more than 1,000 ATEU overtime hours, including four who accumulated more than 1,500 hours, but he has not demonstrated that those officers worked similar shifts in their respective divisions to his shifts in the SEB, which would suggest that he could have taken advantage of the same ATEU overtime opportunities.
* * *
In summary, the Court concludes that in the absence of discrimination Mr. *114Robinson would have worked additional ATEU overtime hours, but not as many as he claims. Accordingly, the Court must determine a sufficient back pay award to "recreate the conditions ... that would have been [for Mr. Robinson], had there been no unlawful discrimination." Berger ,
Mr. Robinson is also entitled to pre-judgment interest on his back pay award. "The back pay provision of Title VII 'is a manifestation of Congress' intent to make persons whole for injuries suffered through past discrimination,' and '[p]rejudgment interest, of course, is an element of complete compensation.' " Berger ,
Mr. Robinson seeks pre-judgment interest at a rate of 4%, compounded monthly, based on Jean-Baptise , a recent ruling in a similar Title VII case by another court in this jurisdiction. Pay Mot. at 18. In that case, the court noted that "[t]here is some authority to suggest that interest on Title VII back pay awards against the District of Columbia is capped at four percent per year."
C. Attorneys' Fees
Third, and finally, the Court addresses Mr. Robinson's motion for attorneys' fees and costs under 42 U.S.C. § 2000e-5(k). As noted, Mr. Robinson must establish that he is the prevailing party, and if he succeeds in establishing this element he must further establish (1) a reasonable hourly rate for his attorneys' services; (2) the number of hours reasonably expended by those attorneys on the litigation; and (3) whether a fee enhancement is appropriate. See Covington ,
Mr. Robinson seeks fees in the amount of $340,418.66 for legal services through June 8, 2018; $290,874.00 for the services of Kenneth McPherson, $49,544.00 for the services of Leonard Pazulski, and $1,057.04 in costs. Fee Mot. at 2. The District contends that (1) Mr. Robinson's proposed fees are "disproportionate and unreasonable" considering the damages awarded by the jury; (2) Mr. Robinson's attorneys engaged in improper block billing; and (3) Mr. Robinson's attorneys charged an unreasonable rate for their fee motion. Fee Opp'n at 4. The District contends that these factors warrant a sixty percent reduction in Mr. Robinson's attorneys' fee award.
1. Reasonable Hourly Rate
Both parties agree that the Fee Matrix published by the United States Attorney's Office for the District of Columbia (the "USAO Matrix") should determine the reasonable hourly rate governing Mr. Robinson's attorneys' fees. See Fee Mot. at 2; Fee Opp'n at 4. Courts in this district customarily apply the USAO Matrix in determining the reasonable hourly rate for attorneys' fees in complex federal litigation. See Craig ,
In this Circuit, Title VII cases are sufficiently complex to merit USAO Matrix rates. See Hansson v. Norton,
2. Hours Reasonably Expended
Having determined that Mr. Robinson's attorneys seek a reasonable hourly rate, the Court turns to the reasonableness of Mr. Robinson's request for fees covering 516.6 hours of Mr. McPherson's time and 88 hours of Mr. Pazulski's time, Fee Mot. Ex. 9, totaling $340,418.66. Fee Mot. at 20. As noted, the District argues that the Court should reduce Mr. Robinson's requested fees because (1) the fees amount is unreasonable considering the limited success of Mr. Robinson's claims; (2) Mr. Robinson's counsel failed to show "proper billing *117judgment" by engaging in block billing; and (3) Mr. Robinson's counsel seek an unreasonably high rate for their work drafting the fee motion. Fee Opp'n at 4. Addressing each argument in turn, the Court concludes that certain downward adjustments are warranted.
a. Reduction in Fees for Unsuccessful Claims
First, the Court addresses the District's argument that Mr. Robinson's attorneys' fees should be reduced by fifty percent because he achieved only limited success on the merits of his claims. Fee Opp'n at 5. The Court may make such an adjustment, if warranted. See Hensley ,
When determining how to reduce a fee award for a partially successful plaintiff, a court must analyze the relationships between the successful and unsuccessful claims. See Hensley ,
The District makes two arguments for why Mr. Robinson's fee award should be reduced for lack of success. First, the District argues that Mr. Robinson failed to succeed on his
i. Claim-by-Claim Reduction
The District claims that Mr. Robinson's fee award should be reduced because while Mr. Robinson initially alleged that he was discriminated and retaliated against in both his reassignment from the ATEU to the SEB and his foreclosure from ATEU
*118overtime opportunities, Mr. Robinson only succeeded in proving that he was discriminated against with respect to ATEU overtime opportunities. Fee Opp'n at 7. However, after a review of the record, the Court concludes that Mr. Robinson's claims arose from a "common core of facts," Hensley ,
Each of Mr. Robinson's claims arose from his work in the ATEU program and the opportunity-or lack thereof-for him to continue that work. See generally Compl. Each claim required an evaluation of Mr. Robinson's history with the ATEU and his ability to secure ATEU work during the alleged periods of retaliation and discrimination. See
The cases the District cites in support of its claim-by-claim fee reduction argument are unpersuasive. David v. District of Columbia involved two plaintiffs who brought four common law tort claims and a
ii. Overall Reduction
While Mr. Robinson ultimately prevailed in his lawsuit, the District notes the large disparity between the relief Mr. Robinson received at trial and the attorneys' fees he seeks, arguing that "where the jury awarded [Mr. Robinson] less than $1,000, a fee *119award of nearly $350,000 is excessive." Fee Opp'n at 5.
Simply because an attorneys' fee award is greater than the damages and injunctive relief awarded to the plaintiff does not automatically make that fee award excessive. See Thomas v. Nat'l Football League Players Ass'n,
Applying these principles, the Court declines to reduce Mr. Robinson's fee award simply because it is five times greater than his damages and back pay awards. The Supreme Court and this Circuit have affirmed fee awards at similar proportions. See City of Riverside v. Rivera ,
That said, Mr. Robinson's counsel were not able to secure the full measure of relief sought. As the District notes, Mr. Robinson's complaint sought $1,600,000 in non-economic damages, while his counsel obtained $750 at trial. Fee Opp'n at 5; see also Compl. ¶¶ 21, 25, 31, 34. Mr. Robinson, with no record support, attributes this apparent failure to a strategic trial decision, arguing that "the bigger the push for non-economic damages, the less likely the jury could be persuaded to find liability in favor of the Plaintiff if the jury was asked to find race was the sole motive for excluding [Mr. Robinson] from overtime opportunities." Fee Reply at 7-8. This post-hac rationalization does not convince the Court to overlook Mr. Robinson's apparent lack of success with respect to non-economic damages. Moreover, Mr. Robinson sought approximately $121,000 in back pay, Pay Mot. at 12, but as explained above, the Court is awarding approximately sixty percent of that request. Additionally, the District prevailed in part at the motion to dismiss and motion for summary judgment stages. See Robinson I ,
b. Billing Judgment
Second, the District argues that the fees should be reduced by ten percent because Mr. Robinson's attorneys showed poor billing judgment. Fee Opp'n at 9-10. To support a reasonable fee request, a plaintiff's "supporting documentation must be of sufficient detail and probative value to enable a court to determine with a high degree of certainty that such hours were actually and reasonably expended." Role Models Am., Inc. v. Brownlee ,
"Where the documentation of hours is inadequate, the district court may reduce the award accordingly." Hensley ,
The District argues that Mr. Robinson's supporting documentation is insufficient to enable the Court to determine whether Mr. Robinson's attorneys reasonably expended time on the case, because the attorneys engaged in improper block billing. Fee Opp'n at 8-10. Block billing *121involves lumping multiple legal tasks together in a single time entry submitted to the court. And as the District notes, Fee Opp'n at 8, this Circuit has held that a fee reduction is appropriate when an attorney's "time records lump together multiple tasks, making it impossible to evaluate their reasonableness." Role Models ,
Mr. Robinson has attached dozens of pages of records to his fee motion, containing hundreds of billing entries. See Fee Mot. Ex. 8 & Ex. 9. The District has identified twelve entries as a sample of improper entries, among them entries that the Court does not find problematic.
c. "Fees on Fees"
Third, and finally, the District argues that the fees should be reduced because Mr. Robinson's attorneys charged an unreasonably high billing rate for their preparation of the fee motion. Fee Opp'n at 10. It "is settled in this circuit" that "[h]ours reasonably devoted to a request for fees are compensable." Noxell Corp. v. Firehouse No. 1 Bar-B-Que Rest. ,
Mr. Robinson's attorneys seek approximately $21,000 for forty hours spent preparing the motion. See Fee Opp'n at 10; Fee Mot. Ex. 8. The District does not oppose the hours spent on the motion, but it opposes the application of the USAO Matrix billing rate-$563 per hour-to those hours. See Fee Opp'n at 10. The District argues that "fee petitions are inherently less complicated than the underlying litigation," and therefore that the USAO Matrix governing complex federal litigation is inapplicable to fee disputes. Fee Opp'n at 10. The Court does not agree.
While a Title VII fee dispute may be less complex than the underlying Title VII merits litigation, it is reasonable for counsel handling both phases of the litigation to apply a consistent billing rate throughout the proceedings. See Reed v. District of Columbia ,
The District is correct that other courts in this jurisdiction have held that the USAO Matrix does not apply to fee litigation, but those decisions primarily concern Individuals with Disabilities Education Act ("IDEA") litigation, which is structurally different from Title VII litigation. The IDEA provides a variety of mechanisms for disabled students to receive the assistance they require. This assistance includes an "impartial due process hearing ... conducted by the State educational agency or by the local educational agency" after a party has filed a complaint,
Moreover, when courts in this jurisdiction have reduced fees on fees awards in Title VII cases and other complex litigation, they have typically taken issue with the overall amount of fees requested, rather than the billing rate applied. See Craig ,
3. Costs
Mr. Robinson also requests reimbursement for $1,057.04 in costs associated with the litigation of his claims. Fee Mot. at 2; Fee Mot. Ex. 1 & Ex. 7, ECF No. 63-1. "An award of costs for copying, faxing and postage ... [is] customarily included in fees awards." Kaseman v. District of Columbia ,
While Mr. Robinson primarily requests reimbursement for nontaxable expenses-such as parking costs and supplies-he also appears to request reimbursement for taxable expenses. Fee Mot. Ex. 7. Under 28 U.S.C, § 1920 and Local Rule 54.1(d), *124"Clerk's fees," deposition transcripts, and witness fees are taxable by the Clerk upon receipt of a bill of costs submitted on a court-approved form. LCvR 54.1(a), 54.1(d). Mr. Robinson seeks reimbursement for a filing fee ($120), a witness fee ($45), and a fee for "depos of 30b6" ($769.42); $934.42 in total. Fee Mot. Ex. 7. Without further explanation from Mr. Robinson, the Court concludes that these are taxable fees that must be submitted in a bill of costs,
* * *
As explained above, the Court deducts fifteen percent from Mr. Robinson's initial attorneys' fees request of $340,418.66 because while Mr. Robinson's attorneys were highly effective, they failed to achieve "excellent results" justifying the full amount of fees requested. Hensley ,
V. CONCLUSION
For the foregoing reasons, it is hereby ORDERED that:
1. Mr. Robinson's Motion for Injunctive Relief (ECF No. 64) is GRANTED IN PART as follows:
a. The District is enjoined from excluding Mr. Robinson, because of his race, from overtime opportunities in the ATEU Overtime Program, to the extent the Program is still operational and such opportunities are available to officers outside the ATEU unit.
2. Mr. Robinson's Motion for Award of Back Pay (ECF No. 70) is GRANTED IN PART .
3. Mr. Robinson's Motion for Attorneys' Fees and Costs (ECF No. 63) is GRANTED IN PART .
It is FURTHER ORDERED that Mr. Robinson is entitled to back pay for 828 ATEU overtime hours at his applicable overtime rates during the period at issue in 2014 and 2015, less employer tax withholdings, plus prejudgment interest to be calculated by the parties at the rate of four percent, compounded annually to the date of today's judgment. It is FURTHER ORDERED that Mr. Robinson is awarded $289,478.48 in attorneys' fees. An order consistent with this Memorandum Opinion is separately and contemporaneously issued.
This Court's opinion addressing the District's motion for summary judgment, Robinson v. District of Columbia ("Robinson II") ,
Civilianization is a process in which sworn police officers are replaced with civilian staff who have limited or zero police powers, and who provide administrative or specialist support to police functions.
When referencing these motions, their accompanying memoranda of points and authorities, and their related opposition and reply briefs, the Court cites to the page numbers automatically generated by ECF.
Because Mr. Robinson's claims are brought co-extensively under both Title VII and the DCHRA, and because the parties do not address Mr. Robinson's entitlement to equitable relief under the DCHRA, the Court will concern itself only with Mr. Robinson's entitlement to relief under Title VII.
As the District notes, Mr. Robinson's 1,000 ATEU overtime hours in 2010 were not all earned through the ATEU Overtime Program. Pay Opp'n at 5-6. However, the District does not dispute that Mr. Robinson accumulated 1,000 ATEU overtime hours in that year.
Mr. Robinson contends that "the Court must either accept [Mr. Robinson's] Affidavit testimony" regarding his opportunity and motivation to work ATEU overtime hours in 2014 and 2015 "or conduct an evidentiary hearing." Pl.'s Reply Defs. Opp'n ("Pay Reply") at 3 n.3, ECF No. 77. The Court accepts Mr. Robinson's assertion that he was motivated to work a significant amount of ATEU overtime in 2014 and 2015 if given the opportunity, and that the SEB did not provide the same overtime opportunities as the ATEU. The Court accordingly denies Mr. Robinson's request for an evidentiary hearing regarding his credibility.
The District also seems to suggest that Mr. Robinson's back pay calculation is overly speculative because he failed to utilize expert analysis. See Pay Opp'n at 1-2 (citing Caudle ,
Oddly enough, the District also argues that Mr. Robinson "fully mitigated his alleged lost overtime wages" because he worked more SEB overtime hours in 2014 and 2015 than the average number of overtime hours earned by officers in the ATEU Overtime Program during this period. Pay Opp'n at 10. However, as discussed above, the Court accepts Mr. Robinson's argument that only officers who worked at least 1,000 ATEU overtime hours were similarly situated to Mr. Robinson, because prior to the relevant time period Mr. Robinson worked over 1,000 hours of overtime in the ATEU unit. Pay Mot. Ex. 2 at 16-21. The Court therefore uses those officers' average overtime hours, rather than the average of all officers in the ATEU Overtime Program, to evaluate Mr. Robinson's entitlement to back pay.
The District also notes that "from 2005 to 2010 [Mr. Robinson] infrequently worked the[ ] designated ATEU OT Program shifts"; 6:00 am to 2:00 pm, 2:00 pm to 10:00 pm, and 10:00 pm to 6:00 am. Pay Opp'n at 5. However, the record indicates that during the discrimination period in 2014 and 2015, many of Mr. Robinson's SEB overtime shifts began at 2:00 pm. Pay Mot. Ex. 2 at 25-30. The District has thus failed to show that Mr. Robinson could not regularly work at least one of the ATEU Overtime Program shifts; the 2:00 pm to 10:00 pm shift.
Because the Court declines to accept Captain Glover's testimony on this issue, it need not consider Mr. Robinson's argument, based on the Law of the Case Doctrine, that the District is foreclosed from arguing that Mr. Robinson failed to take full advantage of SEB overtime opportunities. Pay Mot. at 18-20.
Moreover, the District's unrebutted record evidence suggests that only two of those six individuals were actually employed in the Special Operations Division. Pay Opp'n Ex. 2, ECF No. 75-2.
The Court urged Mr. Robinson to provide a comparison of his SEB shift schedule to the schedules of similarly situated officers who accumulated ATEU overtime hours during the discrimination period. Because Mr. Robinson failed to provide this comparison, the Court has no basis to accept his argument that he was similarly situated to these four specific individuals.
Applying Mr. Robinson's wage rates during the sixteen months at issue during 2014 and 2015, see
• February 2014 through May 2014: $71.85 hourly overtime rate for 207 ATEU overtime hours yields $14,872.95.
• June 2014 through September 2014: $74.71 hourly overtime rate for 207 ATEU overtime hours yields $15,464.97.
• October 2014 through April 2015: $79.71 hourly overtime rate for 362.25 ATEU overtime hours yields $28,874.95.
• May 2015: $79.76 hourly overtime rate for 51.75 ATEU overtime hours yields $4,127.58.
The parties should conduct their own calculations to verify the Court's estimation.
The District may deduct employer tax withholdings from this back pay award. See Noel v. N.Y. State Office of Mental Health Cent. N.Y. Psychiatric Ctr. ,
Mr. Robinson asserts that prejudgment interest should be compounded monthly, rather than annually, because if he invested his ATEU overtime wages in the stock market that investment would have increased annually with the Dow Jones Industrial Average at far more than four percent since 2014. Pay Mot. at 18. However, Mr. Robinson cites no case law in support of this argument, and this Court declines to deviate from the practice of other courts in this jurisdiction in awarding prejudgment interest compounded annually. See Berger ,
Available at https://www.justice.gov/usao-dc/file/796471/download. The Court may take judicial notice of the hourly rates provided in the USAO Matrix because the rates "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned." Fed. R. Evid. 201(b)(2) ; see also Bricklayers & Trowel Trades Int'l Pension Fund v. Conn. Stone Indus., LLC ,
Typically, courts award fees at an hourly rate based on the year in which the work was completed. See, e.g., Reed v. District of Columbia ,
As noted, Mr. Robinson brought two claims under
The District cites several cases in which courts in this jurisdiction held that a fee reduction may be appropriate when the fees sought are grossly excessive compared to the plaintiff's award.
Several entries in the list include more than one action but are sufficiently detailed for the Court to understand that the actions relate to the same core task. For example, the District includes one entry stating that the relevant attorney spent 5.3 hours "[r]ead[ing] Defs' Motion to Dismiss; pull[ing] cases cited by Defs and read[ing] same; begin[ing] outline of arguments in opposition." Fee Mot. at 8; Fee Mot. Ex. 8 at 3. Another entry states that the relevant attorney spent 4.1 hours to "[c]omplete, revise, edit, research, and finish Opposition to Mtn to Dismiss. Assemble exhibits and efile Opposition." Fee Mot. at 9; Fee Mot. Ex. 8 at 4. These entries contain "sufficient detail and probative value" to allow the Court to determine that the hours listed were reasonably expended in furtherance of the case. Role Models ,
The District references "other defects" in Mr. Robinson's billing entries warranting a fee reduction, but it does not provide any examples of those defects. Fee Opp'n at 9. In the Court's own review, it did not encounter any defects that were severe enough to prevent it from evaluating the reasonableness of the entries. Accordingly, the Court will not reduce the award on this basis.
Of course, upon proper submission of the bill of costs, the Clerk will award such routine costs as a matter of course. Fed. R. Civ. P. 54(d)(1).
Mr. McPherson acknowledges that he lacks receipts for these costs because he "ha[s] not been able to locate [his] file containing the receipts." McPherson Affidavit ¶ 21. The Court accepts this explanation, particularly because the District does not oppose it and because the request for reimbursement is very low compared to the total fee award.
Reference
- Full Case Name
- Mark E. ROBINSON v. DISTRICT OF COLUMBIA
- Cited By
- 7 cases
- Status
- Published