McNeil v. Dist. of Columbia
McNeil v. Dist. of Columbia
Opinion of the Court
I. INTRODUCTION
Plaintiff Judie McNeil and her son, J.M., now an adult and co-plaintiff, seek to collect $198,653.43 in attorneys' fees and other costs associated with a successful action under the Individuals with Disabilities Education Act ("IDEA"),
After considering the parties' submissions and the relevant law, the court grants in part and denies in part Plaintiffs' Motion for Attorney Fees.
II. BACKGROUND
The court described the factual and procedural background of this case in its previous opinion, which resolved the parties' cross-motions for summary judgment and remanded for further administrative proceedings. See generally McNeil v. District of Columbia ,
*160III. LEGAL STANDARD
The IDEA provides "a fee-shifting provision entitling a prevailing party ... to reasonable attorneys' fees." Price v. District of Columbia ,
Because the IDEA "provides no further guidance for determining an appropriate fee award,"
The burden of establishing entitlement to a fee award under the IDEA rests with the fee applicant. See
The IDEA also allows "[p]arties who prevail at the administrative level [to] recover fees-on-fees ... for time reasonably devoted to obtaining attorney's fees." McNeil v. District of Columbia ,
IV. DISCUSSION
A. Reasonableness of Rates
Plaintiffs seek an award of fees for the services of two lawyers: Douglas *161Tyrka and Alana Hecht. See Pl.'s Mot., Ex. 2, ECF No. 30-2 [hereinafter Billing Itemization]; Pl.'s Mot., Ex. 3, ECF No. 30-3 [hereinafter Hecht Decl.]; Pl.'s Mot., Ex. 4, ECF No. 30-4 [hereinafter Tyrka Decl.]. Hecht is a solo practitioner and represented Plaintiffs in the administrative proceedings underlying this case. Hecht Decl. ¶ 2. Tyrka is the sole owner of the law firm Tyrka & Associates, LLC, and functions primarily as a solo practitioner. Tyrka Decl. ¶¶ 2, 42. From his billing records, it appears that Tyrka represented Plaintiffs only in the federal court litigation. See Billing Itemization at 37-39. Plaintiffs seek an hourly rate of $483 for Hecht and $536 for Tyrka. See Billing Itemization. These rates align with the rates for lawyers of comparable years of experience as reflected in the United States Attorney's Office ("USAO") Attorney's Fees Matrix for 2017-2018 ("the USAO Matrix"). See Pl.'s Mot., Ex. 12, ECF No. 30-12 [hereinafter USAO Matrix]; Def.'s Opp'n, Ex. 6, ECF No. 31-6, at 3. The USAO Matrix is a schedule of hourly billing rates for attorneys and paralegals/law clerks maintained by the Civil Division of the U.S. Attorney's Office for the District of Columbia. See USAO Matrix at 1 n.1. The rates in the USAO Matrix "were calculated from average hourly rates reported in 2011 survey data for the D.C. metropolitan area, which rates were adjusted for inflation with the Producer Price Index-Office of Lawyers (PPI-OL) index."
This court has comprehensively discussed the question of the prevailing market rate in IDEA litigation in this jurisdiction in two prior decisions. See generally James ,
Between James and Lee , the court has addressed all arguments and evidence presented here with regard to the reasonable hourly rate for IDEA practitioners in this jurisdiction relative to the USAO Matrix. The court need not repeat its findings in those cases here, but incorporates them by reference. For the reasons stated in James and Lee , and based on the same evidence presented in James as in this case, the court finds the reasonable hourly rate for IDEA litigation in the District of Columbia is equivalent to 75% of the applicable USAO Matrix.
B. Current v. Historical Rates
The parties also disagree as to whether the rates awarded should reflect current or historical USAO Matrix rates. Plaintiffs contend that the court should apply current USAO Matrix rates to compensate for the delay in receiving their fee award. Pl.'s Mot. at 15. Defendant, on the other hand, maintains that the court *162should apply historical rates corresponding to years in which counsel performed the work. Def.'s Opp'n at 22-25. If the court were to adopt Defendant's approach, it would apply the USAO Laffey Matrix for years 2013-2014 and 2014-2015, and the USAO Matrix for the years 2015-2016, 2016-2017 and 2017-2018, each corresponding to the matrix year in which Tyrka and Hecht performed legal services.
The court thoroughly discussed this very issue in James and held that current rates "may be appropriate to account for delay in payment" in IDEA cases.
C. Rate for Fees-on-Fees
Defendant recognizes that IDEA litigants are entitled to receive compensation for the hours expended pursuing an initial fee award, see Reed ,
D. Whether Plaintiffs Obtained a More Favorable Judgment than Defendant's Final Offer
Though the court answered the first three contested issues in James and Lee , the remaining issues are unique to this case.
The first of these new issues concerns whether Plaintiffs may recover fees and costs incurred after rejecting Defendant's *163last settlement offer. Contending that Plaintiffs "unreasonably rejected an offer of judgment," Defendant insists that any award cannot include fees and costs incurred after March 29, 2017, the date on which Defendant extended its last settlement offer to Plaintiffs. Def.'s Opp'n at 8, 11-12.
Defendant's position is premised on a fee-capping mechanism contained in the IDEA itself. Section 1415(i)(3)(D) provides that "[a]ttorneys' fees may not be awarded and related costs may not be reimbursed 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 ... the court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement."
In this case, the District made its final offer on March 29, 2017. It included $14,000 for vocational programing to be used on or before December 30, 2018; 50 hours of mentoring not to exceed a total cost of $3,250; 60 hours of tutoring not to exceed a total cost of $3,900; and up to $1,500 for tools, books, and/or equipment necessary to participate in the vocational program chosen. Def.'s Opp'n at 11-12. By contrast, the final judgment entered by the court, at least on its face, would appear to be less favorable than the final settlement offer. The court awarded Plaintiffs a slightly higher amount-$15,000-for a vocational program of J.M.'s choice and an additional $1,000 in related costs, with no expiration date. Pl.'s Reply Regarding Fees & Costs, ECF No. 33 [hereinafter Pl.'s Reply], at 21; see also Order, ECF No. 28. The final judgment, however, lacked specific funding for mentoring and tutoring. According to Defendant, the absence of these additional dollars renders the relief obtained by Plaintiffs through the court's judgment less favorable than the terms of settlement offered by the District, thereby requiring Plaintiffs' fees to be capped. Def.'s Opp'n at 11-12. Not surprisingly, Plaintiffs dispute this characterization. See Pl.'s Reply at 21-22.
Ultimately, the court need not decide whether the court-ordered relief was more or less favorable than Defendant's settlement offer. That is because the court holds that Plaintiffs' rejection of the offer falls within the statute's exception for recovery of fees where rejection of an offer was substantially justified.
Defendant's final offer did not include any compensation for attorneys' fees and *164costs. Def.'s Opp'n, Ex. 1, ECF No. 31-1. Although the offer, if accepted, still would have putatively allowed Plaintiffs "to apply for reasonable attorney's fees and costs,"
E. Remote Fees and Costs
Next, Defendant argues that fees and costs incurred before May 13, 2013, should be excluded from the fees award because those expenses relate to work performed with respect to an administrative complaint that Plaintiffs later withdrew. Def.'s Opp'n at 25-26. According to Defendant, Plaintiffs filed the administrative complaint upon which they secured relief on May 26, 2014, and therefore fees relating to the earlier, withdrawn complaint are not compensable. Id. at 2, 25-26. For their part, Plaintiffs assert that the expenses associated with the first administrative complaint are recoverable because the first complaint served as the basis for the second, successful action. Pl.'s Reply at 25-26.
The touchstone for whether a fee is compensable is whether it is reasonable and related to the successful action. See Rooths v. District of Columbia ,
*165Rooths ,
But this case is different. Unlike in Rooths and Dicks , there is a reasonable connection between the work performed on the initial administrative complaint and the later successful one. As Hecht explains in her supplemental declaration, she "used that March 8, 2013 complaint as the basis for the final complaint ... filed on November 14, 2013, which ... underlies all of the administrative and federal litigation in this case." Pl.'s Reply, Ex. 21, ECF. No. 33-21, ¶ 6. The initial complaint was "withdrawn because of the student's detention." Pls.' Mot., Billing Itemization at 5. That explanation establishes a reasonable connection between the fees incurred and Plaintiffs' status as a prevailing party. The court therefore will award fees for work performed before May 13, 2018, at the rate of 75% of the USAO Matrix.
F. Cost of Experts
Finally, the parties contest whether Plaintiffs can recoup the costs of work performed by Ida Holman, who Plaintiffs' attorney identifies as an expert. See Def.'s Opp'n at 26 (citing Billing Itemization at 35-36). Defendant contends that expert fees are not reimbursable under the IDEA, citing Arlington Central School District Board of Education v. Murphy ("Arlington") ,
First, Plaintiffs' reliance on the District of Columbia statute comes too late. Plaintiffs raise the statute for the first time in their reply brief, and for that reason alone the request to recover expert fees under District of Columbia law is denied. See N.W. v. District of Columbia ,
Second, even if the court were to consider the merits of this argument, the statute on its face does not apply to this matter. The statute makes expert fees recoverable only as to "actions and proceedings initiated after July 1, 2016."
* * *
In summary, after considering the evidence submitted by the parties, the court rules as follows: (1) the fees award shall be calculated at 75% of the current USAO
*166Matrix rates for 2017- 2018; (2) the fees incurred in preparing the fees petition and reply likewise will be calculated at 75% of the current USAO Matrix rates; (3) Plaintiffs' fees will not be capped by virtue of rejecting Defendant's settlement offer; (4) Plaintiffs may recover for expenses incurred in preparing the initial, withdrawn administrative complaint; and (5) the cost of experts is not recoverable. The total fees and costs award breakdown is as follows:
Hecht: $60,170.53 ($60,166.20 in fees and $4.33 in costs) Tyrka: $80,068.44 ($79,517.44 in fees and $551.00 in costs) Total: $140,238.97
V. CONCLUSION AND ORDER
For the foregoing reasons, the court grants in part and denies in part Plaintiffs' Motion for Attorney's Fees, ECF No. 30, and awards $140,238.97 in attorneys' fees and costs under the IDEA.
The court arrived at this figure by adding together Plaintiffs initial request, Pl.'s Mot. for Fees & Costs, ECF No. 30, at 1, and Plaintiffs request for costs and fees documented in their reply brief, Pl.'s Reply Regarding Fees & Costs, ECF No. 33, at 26.
On September 26, 2018, Plaintiffs sought to file a supplemental memorandum and evidence in support of their fees petition. See Pls.' Mot. for Leave to File Supp. Mem. in Support of Pls.' Motion for Fees and Costs. For the reasons set forth in the accompanying Order, the court denies that motion and has not considered Plaintiffs' supplemental filing.
For a discussion of the difference between the USAO Laffey and USAO Matrices, see James ,
Although the court uses 75% of the current rates reflected in the USAO Matrix to calculate Plaintiffs' fee award, it uses the current rates that would have been applicable to each attorney based on his or her level of experience at the time. So, for example, although Hecht had roughly 12 years of experience in October 2017 when she billed her last hours, see Billing Itemization at 34; Hecht Decl. ¶¶ 9-10, the court will not use the applicable current USAO Matrix rate of $483 (75% of which is $362.25) for attorneys with 11-15 years of experience to the first hours she billed in 2012, when she only had only 7 years of experience, see Billing Itemization at 1; USAO Matrix. For that year, the court will apply the applicable current USAO Matrix rate of $352 (75% of which is $264) for attorneys with 6-7 years of experience. See USAO Matrix. Similarly, for the time period in which Hecht had 8-10 years of experience, the court will use the USAO Matrix rate of $410 (75% of which is $307.50) to calculate her fees. See
Plaintiffs also request that the court order Defendant to pay "an additional $1,500 for each delay of a month or part thereof in payment." Pl.'s Mot. at 16. This request, raised in passing in the conclusion section of their fees petition, and supported by only one case in which a court awarded post-judgment interest in advance of a possible future delay in payment, is not compelling here. The court therefore declines to grant it.
For the same reason, the court need not address Plaintiffs' other argument that the IDEA's fee-capping mechanism does not apply in this case because Defendant only made an offer of settlement, and not an offer of judgment. See Pl.'s Reply at 19-21. The court assumes, without deciding, that the fee-capping mechanism applies to settlement offers that do not include the entry of a judgment.
The court arrived at the total fees amount by multiplying the hourly rates discussed above by the hours reflected in Plaintiffs' counsel's invoice, see Billing Itemization; Pl.'s Mot., Ex. 2, ECF No. 30-2. If Plaintiffs believe the court has erred in calculating the number of hours expended, the court welcomes a motion to modify the judgment. Plaintiffs shall file such motion no later than 14 days from this date.
Reference
- Full Case Name
- Judie MCNEIL v. DISTRICT OF COLUMBIA
- Cited By
- 2 cases
- Status
- Published