Wright v. Government of the District of Columbia
883 F. Supp. 2d 132
D.D.C.2012Background
- Plaintiffs Adrienne Wright and others prevailed in an IDEA administrative action against DCPS and sought attorney fees and costs totaling $62,563.18; DCPS paid $43,207.33, leaving $19,355.85 plus prejudgment interest unpaid.
- The court previously granted in part and denied in part on January 11, 2012, awarding $6,366.15 and denying prejudgment interest.
- Plaintiffs now seek fees-on-fees for work in adjudicating the fee dispute in this court, totaling 42.7 hours by attorney Jester and 0.7 hours by paralegal Williams at proposed rates.
- Defendant has not paid any of the fees-on-fees, and Plaintiffs request $18,897.50 in attorney fees and $503.33 in costs for a total of $19,400.83.
- The court must determine (a) entitlement to fees-on-fees, (b) reasonableness of hours, (c) appropriate hourly rates, and (d) allowable costs.
- After adjustments reducing non-recoverable entries and applying rate reductions for fee litigation, the court awards $9,649.58 in fees and $503.33 in costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are plaintiffs entitled to fees-on-fees under IDEA? | Wright argues prevailing-party status supports fees-on-fees. | District contends fees-on-fees are not warranted beyond administrative fees. | Yes; prevailing-party status supports fees-on-fees. |
| Are time entries for fees-on-fees properly includable? | Some hours are reasonable; all reductions should be limited to non-recoverable entries. | Some late entries are too attenuated and should be disallowed. | Yes; certain entries (e.g., last five entries related to motion and new appearance) are disallowed. |
| What is the reasonable rate for fees-on-fees work? | Rates should follow Laffey Matrix, but reduced for fee litigation complexity. | Rates for fee litigation should be lower than underlying administrative work but adequately compensatory. | Hourly rate half of Laffey Matrix for pre- and post-June 1, 2011 work with adjustments; Williams set at $105/hour. |
| What is the proper calculation of hours and travel time? | Total hours appropriately logged with travel time at half-rate; adjustments for attendances apply. | Some entries overstated; travel time to be discounted accordingly. | Adjusted totals: 24.9 pre-June 2011 hours, 11.9 post-June 2011 hours for Jester; 0.7 hours for Williams; travel time at half-rate. |
| What are allowable costs for the fee-application? | Filing fee, service of process, copying, fax, mileage, parking, and postage are recoverable. | Costs should be limited to taxable costs under LCvR 54.1. | Award of $503.33 in costs; includes filing, service, copying, fax, mileage, parking, and postage. |
Key Cases Cited
- Kaseman v. District of Columbia, 444 F.3d 637 (D.C. Cir. 2006) (fees-on-fees recoverable when prevailing at administrative level)
- Envtl. Def. Fund v. EPA, 672 F.2d 42 (D.C. Cir. 1982) (prevailing-party rule supports fees for time to obtain fees)
- Covington v. District of Columbia, 57 F.3d 1101 (D.C. Cir. 1995) (reasonable rates; market-based inquiry under 20 U.S.C. § 1415)
- Bucher v. District of Columbia, 777 F. Supp. 2d 69 (D.D.C. 2011) (travel time and fee litigation considerations in DC district)