Rogers v. Amalgamated Transit Union Local 689
Civil Action No. 2014-1650
| D.D.C. | May 1, 2017Background
- Plaintiff Charles H. Rogers, Jr. sued; during litigation his counsel repeatedly missed court deadlines (at least five).
- Local 689 moved for attorney’s fees and costs; Plaintiff filed an opposition late and without explanation.
- The court treated Local 689’s Fees Motion as conceded under LCvR 7(b), found counsel acted in bad faith, and awarded fees and costs against Plaintiff’s counsel.
- Plaintiff’s counsel filed (1) a Motion to Extend Time to oppose the Fees Motion and (2) a Rule 60(b) Motion for Reconsideration seeking relief from the fee award.
- The court denied both motions for lack of excusable neglect and for failure to meet Rule 60(b) standards, but sua sponte reduced the fee award under the Supreme Court’s Goodyear decision.
- The court reduced the award from $16,490 to $7,341.35, awarding fees tied only to work causally caused by counsel’s misconduct (summary judgment drafting, response to a motion for reconsideration, and deposition transcript costs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel showed excusable neglect to justify extending the time to file the late opposition | Counsel: missed deadline due to trial-related exhaustion and heavy workload | Local 689: prejudice and pattern of missed deadlines; no justification | Denied — no excusable neglect; repeated missed deadlines show lack of diligence |
| Whether Rule 60(b)(1) or (6) warrants relief from the fees award | Counsel: relief warranted for inadvertence/excusable neglect or other reasons | Local 689: counsel’s conduct constituted bad faith; no grounds for relief | Denied — counsel’s pattern and conduct amounted to bad faith; no basis for Rule 60(b) relief |
| Whether treating the Fees Motion as conceded under LCvR 7(b) was permissible despite a late opposition | Counsel: courts treat only complete non-opposition as conceded, so Rule 7(b) inapplicable here | Local 689: Rule 7(b) permits treating late opposition as conceded; discretion lies with court | Denied — court properly exercised discretion under LCvR 7(b) given repeated defaults |
| Proper scope/amount of fee sanction after Goodyear (causal connection requirement) | Counsel: full fee award improper; seeks relief | Local 689: sought full fees incurred defending the case | Court reduced award — Goodyear requires awarding only fees incurred solely because of misconduct; awarded limited fees and costs causally linked to counsel’s bad-faith acts (total $7,341.35) |
Key Cases Cited
- Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178 (2017) (fee sanctions under inherent authority limited to fees incurred solely because of misconduct)
- Pioneer Inv. Servs. Co. v. Brunswick Assocs., Ltd. P’ship, 507 U.S. 380 (1993) (factors for determining excusable neglect)
- Cohen v. Board of Trustees of the Univ. of the Dist. of Columbia, 819 F.3d 476 (D.C. Cir.) (standard and deference for LCvR 7(b) concessions)
- Roadway Express Inc. v. Piper, 447 U.S. 752 (1980) (bad-faith requirement for imposing attorney-fee sanctions)
- Hoai v. Vo, 935 F.2d 308 (D.C. Cir. 1991) (district court may consider Rule 60(b) motion while appeal pending)