Roggio v. Grasmuck
18 F. Supp. 3d 49
| D. Mass. | 2014Background
- Plaintiff Vincent Roggio sued under the Massachusetts CORI Act after two Massachusetts law‑enforcement officers (Grasmuck and Bacener) improperly accessed and disseminated his criminal‑record information in 2006; Roggio proved one willful CORI violation by each defendant at a bench trial and was awarded $400 exemplary damages.
- Roggio originally pleaded multiple federal and state claims (only the CORI claim survived) and originally named additional defendants and a co‑plaintiff (his wife), all of which were dismissed pretrial.
- Roggio changed counsel shortly before trial; his original counsel (Markham & Zerner) had billed on a contingency/flat‑fee arrangement and were replaced by Benjamin Wish (Todd & Weld) and paralegal Amy Marquez, who tried the case.
- Roggio sought $113,926 in attorneys’ fees (combining both firms) and $3,181.27 in costs; the court evaluated fee reasonableness under the First Circuit lodestar framework and Massachusetts law.
- The court excluded large blocks of billed time for work on dismissed/failed claims, unnecessary discovery, duplication from counsel turnover, and other unnecessary tasks, computed a reduced lodestar, and ultimately awarded fees consistent with the original negotiated flat fee plus contingency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to "reasonable" attorneys' fees under CORI for willful violation | Roggio sought full fees billed ($113,926) for both law firms and paralegal time | Defendants argued fees were excessive, included time on dismissed claims, duplicative or unnecessary work, and unsupported entries | Court awarded fees but reduced them: accepted negotiated $35,000 flat fee plus 15% of $400 (total $35,060) as reasonable after exclusions and adjustment |
| Exclusion of time spent on failed/dismissed claims and unsegregated entries | Roggio relied on submitted time records (some not contemporaneous) and argued billed work was necessary | Defendants argued many entries related to dismissed claims, compensatory damages not proven, or other nonrecoverable work and time entries were insufficiently specific | Court excluded hours attributable to failed claims and mixed entries it could not segregate (substantial reductions from submitted hours) |
| Duplicative/unnecessary time from counsel turnover and work that was not needed | Roggio sought recovery for both firms' work including turnover and intra‑firm conferencing | Defendants argued turnover caused duplication; some conferences and jury‑trial preparation were unnecessary for a bench trial | Court excluded hours for turnover duplication, conferences with senior lawyers, block‑billed jury preparation time, and other unnecessary entries |
| Taxable costs (transcripts, copies, subpoenas) | Roggio sought $3,181.27 in costs including deposition and trial transcripts, copies, and FBI subpoenas | Defendants disputed necessity of some transcripts and costs | Court allowed $1,722.52: disallowed pretrial and deposition transcripts not used at trial, allowed trial transcripts, photocopying, and FBI subpoena fees; costs assessed jointly and severally against defendants |
Key Cases Cited
- Joyce v. Town of Dennis, 720 F.3d 12 (1st Cir.) (use of First Circuit and state precedent in fee reasonableness)
- Torres‑Rivera v. O’Neill‑Cancel, 524 F.3d 331 (1st Cir.) (lodestar method and exclusion of unspecific time entries)
- Diaz v. Jiten Hotel Mgmt., 741 F.3d 170 (1st Cir.) (factors for adjusting lodestar)
- Grendel’s Den, Inc. v. Larkin, 749 F.2d 945 (1st Cir.) (prevailing market rates and contemporaneous records guidance)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. Sup. Ct.) (fee‑shifting principles and factors for adjustments)
- Gay Officers Action League v. Puerto Rico, 247 F.3d 288 (1st Cir.) (disallowing fees for unsuccessful claims; when interconnection may permit recovery)
- Baird v. Bellotti, 724 F.2d 1032 (1st Cir.) (assessment of duplicated work after counsel change)
- Templeman v. Chris Craft Corp., 770 F.2d 245 (1st Cir.) (taxability of transcript costs used at trial)
- Haddad v. Wal‑Mart Stores, Inc., 455 Mass. 1024 (Mass.) (reductions for unreasonable time and noncontemporaneous records)