AMENDED OPINION AND ORDER NUNC PRO TUNC 1
Before the Court now is Plaintiffs’ motion for attorneys’ fees and costs and the Defendants’ opposition thereto. Pursuant to 42 U.S.C. § 1988, Plaintiffs request an award of $2,758,595.50 in attorney fees and $108,506.04 in costs and expenses. After considering the submissions on record and the applicable law, Plaintiffs’ request is hereby GRANTED IN PART AND DENIED IN PART for the reasons set forth below.
I. BACKGROUND
Andres Guillemard-Ginorio (“Guille-mard”) and his spouse, Maria Noble-Fernandez (“Noble”), both well-known members of the New Progressive Party (“NPP”), have held insurance licenses as insurance agents for approximately 20 years. Guillemard and Noble have conducted their business through the entity Lone Star Insurance Producers, Inc. (“Lone Star”). Early in 2001, Fermín M.
On December 10, 2003, Lone Star, Guil-lemard and Noble, and the conjugal partnership constituted between them (collectively the “Plaintiffs”) filed suit seeking redress pursuant to 28 U.S.C. § 2201 and 42 U.S.C. § 1983 for violations of their civil rights and a declaratory judgment. The Plaintiffs sued Contreras for damages in his individual capacity and for injunctive relief in his official capacity, his wife Jane Doe, the Office of the Insurance Commissioner (the “OIC”), and various John Doe and Jane Doe defendants. See Docket No. 1. The Plaintiffs alleged that Contreras’ investigation was motivated by political animus, that it violated Plaintiffs’ equal protection of the laws and that the bank subpoenas constituted an invasion of privacy under local law.
On December 23, 2003, Contreras, without affording them with notice or an opportunity to be heard, issued an order (“the Order”) declaring the Lone Star Plaintiffs as non-trustworthy and incompetent. Furthermore, the Order purported to revoke their insurance agent licenses for a period of five years, prevent them from applying for any other license during the same five-year period, and impose a fine in the amount of two-million thirty-five thousand dollars ($2,035,000). The Order would become effective on January 7, 2004. The Order also informed the Lone Star Plaintiffs of their right to request a hearing within twenty (20) days from the Order, which would stay the imposition of the fine. The revocation of their licenses, however, would remain in effect pending a hearing and a final decision.
On December 30, 2003, Plaintiffs filed an amended complaint, see Docket No. 7, and moved the Court for the issuance of a Temporary Restraining Order (“TRO”) enjoining Defendants from revoking the Lone Star Plaintiffs’ insurance agent licenses pending a pre-deprivation hearing, see Docket No. 8. Plaintiffs alleged, inter alia, that in issuing the December 23, 2003 Order without a hearing and in retaliation for their political beliefs, the Defendants violated Plaintiffs’ rights under the First Amendment and the Due Process and Equal Protection Clauses, as well as state law provisions. On December 31, 2003, the Court granted Plaintiffs’ request and issued a TRO enjoining Defendants from revoking the Lone Star Plaintiffs’ insurance agent licenses. Thereafter, on January 20, 2004, the Court held a hearing regarding Plaintiffs’ request for the entry of preliminary injunctive relief and this request was also granted, see Docket No. 31.
A month later, on February 19, 2004, Contreras, in his official and individual capacity, and the OIC filed a motion to dismiss the complaint pursuant to Fed. R.Civ.P. 12(b)(6).
See
Docket No. 38. The Court denied their request.
See
Docket No. 57. Contreras an the OIC filed two interlocutory appeals challenging this Court’s entry of a preliminary injunction and denial of the motion to dismiss.
See
Dockets No. 33, 72. However, on December 13, 2005, the appeal of this Court’s order granting a preliminary injunction was dismissed as moot, and the denial of the motion to dismiss was af
Then, on June 6, 2004, Plaintiffs amended the complaint to include Dorelisse (“Juarbe”) 2 as a defendant in her individual and official capacity-as the current Insurance Commissioner. See Docket No. 58. Discovery ensued and extended for a period of more than two years during which Plaintiffs filed several motions to compel discovery.
On May 20, 2005, Plaintiffs moved for the entry of partial summary judgment on their due process claims.
See
Dockets Ho. 204-207. On June 7, 2005, the Defendants opposed the motion and cross-moved for summary judgment, seeking dismissal of the complaint.
See
Docket Nos. 216, 218, 220, 221. On January 10, 2006, the Court granted Plaintiffs’ motion for partial summary judgment and denied the Defendants’.
See
Defendants later filed a motion to vacate this Court’s judgment pursuant to Fed. R.Civ.P. 60(b) based on the newly discovered evidence. This evidence consisted of a Puerto Rico appellate court decision holding that an interpretation that the Insurance Code prohibits commission sharing was reasonable. See Dockets No. 315-316. On April 3, 2006, this Court denied the motion to vacate, finding that the Puerto Rico appellate court decision was irrelevant to its ruling. See Docket No. 322. The Defendants also appealed this ruling. See Docket No. 324.
On June 12, 2007,
A jury trial was finally scheduled for September 17, 2007 and it was completed on October 8, 2007. The jury found as follows:
1. Procedural Due Process: in favor of Guillemard, Noble and Lone Star and against both Contreras and Juarbe.
2. First Amendment discrimination claim against Contreras regarding the investigation: in favor of the defendant Contreras.
3. First Amendment claim regarding the December 23, 2003 Order: in favor of Guillemard and Noble against Contreras only.
4. First Amendment retaliation claim: in favor of Guillemard and Noble against Contreras only.
5. “Selective Enforcement” claim under the Equal Protection Clause: in favor
6. “Class of One” claim under the Equal Protection Clause: in favor of Guille-mard and Noble against both Contreras and Juarbe.
7. Defamation claim against Contreras: in favor of Guillemard, Noble and Lone Star.
8. Negligence claim: in favor of all plaintiffs against all Defendants.
9. Right to privacy claim: in favor of Guillemard and Noble against both Contreras and Juarbe.
Therefore, Plaintiffs did not succeed in their “Selective Enforcement” Equal Protection and First Amendment claims against Juarbe. Plaintiffs also did not succeed in their First Amendment claim against Contreras regarding the investigation. Thus, Plaintiffs did not succeed in three (3) of the seven (7) claims against Juarbe and in one (1) of the nine (9) claims against Contreras. A total of $4,755,000.00 was awarded to Plaintiffs, of which $3,080,000.00 (65%) corresponds to Contreras and $1,675,000.00 (35%) corresponds to Juarbe.
II. DISCUSSION
“Congress enacted the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988, authorizing the district courts to award a reasonable attorney’s fee to prevailing parties in civil rights litigation.”
Hensley v. Eckerhart,
Section 1988(b) states that “the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” 42 U.S.C. § 1988(b). Notwithstanding the discretionary language of the statute, “[i]n civil rights cases, fee-shifting in favor of a prevailing plaintiff is the rule, whereas fee-shifting in favor of a prevailing defendant is the exception.”
Casa Marie Hogar Geriatrico, Inc. v. Rivera-Santos,
In adjudicating a request for attorney fees, the Court needs to determine whether: (1) a party is in fact a “prevailing party”; (2) the compensation sought is reasonable (i.e. calculation of the lodestar); and (3) there are any additional but exceptional considerations that may require to adjust upward or downward.
See Hensley v. Eckerhart,
Under 42 U.S.C. § 1988, a trial court generally should employ the lodestar method to calculate fees.
Bogan v. City of Boston,
Nevertheless, “[t]he product of reasonable hours times a reasonable rate does not end the inquiry. There remain other considerations that may lead the district court to adjust the fee upward or downward .... ”
Hensley,
“Where the plaintiffs have prevailed over more than one defendant, the court must take an additional step: it must determine whether the fee award should run jointly and severally against the defendants or, if not, what portion of the award each defendant should bear.”
Torres-Rivera,
In cases in which apportionment is the preferred option, there is no uniform prescription as to how to effect that result. Rather, a district court in a multi-defendant case must choose among a variety of modalities. These modalities include equal division among the defendants, division by relative liability, and division by assignment of the time reasonably expended in litigating against each defendant. ... The appropriate choice among these modalities depends on the contours and idiosyncrasies of the particular case. ... The guiding principle is equity; the district court should strive to determine the most fair and sensible solution for apportioning the fee award.
Id.
(internal citations and quotation marks omitted). Finally, in order to receive the proper award of attorney fees, a prevailing party must submit with its motion evidence to support the number of hours and rates sought, and show that the rates being sought are comparable to those in the community.
See Hensley,
In the instant case, Plaintiffs undoubtedly prevailed in their Section 1983 civil rights claim, therefore, they are entitled to attorney fees.
In their memorandum in support of attorney fees (Docket No. 461), Plaintiffs argue that the rates charged by their attorneys are reasonable, and that alternatively, the complexity of the case and the attorneys’ experience justify a higher rate. In their opposition, Defendants argue that the hourly rates charged by Plaintiffs’ attorneys, law clerks and paralegals are excessive. The Defendants contend that Attorney Steinfield’s rate of $425 per hour; Attorney Joan Schlump-Peters’ rate of $250 per hour; and Attorney Jeffery Pyle’s rate of $215 per hour is excessive. 3 See Docket No. 486. In addition, Defendants point out that Plaintiffs seek rates for law clerks at a range of $110 to $185 per hour, and for paralegals at rates ranging from $80 to $120 per hour, which according to Defendants are excessive.
The lodestar method requires that the hourly rate used by the Court be “in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.”
Tejado-Batista,
Once this so-called “lodestar” figure is established, the court has the discretion in “cases of exceptional success” to make an enhanced award.
Hensley,
In addition, courts may award different rates depending on whether the time was invested in-court or out-of-court.
See Ciudadana v. Gracia-Morales,
Some of the attorneys for whom Plaintiffs seek payment of fees— Attorney Joseph Steinfield and Attorney Jeffrey J. Pyle—appeared pro hac vice in this case. They now seek rates comparable to the community in which they practice: Boston. In determining the multiplier for a lodestar award—the applicable hourly rate—an inquiring court should look to “the prevailing market rates in the relevant community.”
Blum v. Stenson,
In the fee-shifting context, a district court’s primary concern is with the market value of counsel’s services.
Id.
at 28.
Also see In re Cont'l Ill. Sec. Litig.,
The litigation at hand involved many civil rights issues, more complicated than the mile run of political discrimination cases. It also involved unusual claims, such as invasion of privacy, defamation, retaliation for the filing of a lawsuit, and violation of equal protection under a class of one theory. Additionally, the legal defenses were numerous and obscure, including Younger abstention, Burford abstention, absolute immunity, the Rooker-Feldman doctrine, and qualified immunity based on a statute not previously held unconstitutional. As for discovery, the case involved depositions of 23 witnesses, some for multiple days, and thousands of pages of documents. The trial involved expert testimony by accountants regarding Lone Stars damages, and required an understanding of the business of insurance in Puerto Rico and the statutes regulating it. In short, in addition to being a civil rights case, this case has some of the qualities of business litigation. In enacting 42 U.S.C. § 1988, Congress intended not only to “attract competent counsel” to take on civil rights cases, but “that the amount ... [would] be governed by the
After reviewing the relevant records submitted by Plaintiffs’ attorneys, this Court finds that, all of the fee applicants’ hourly rates, including local counsels’, are above the prevailing rates in the local community. Nevertheless, these rates are at the same and/or below what is typically charged by attorneys with the same skills, experience and prominence in Boston. Accordingly, the Court will determine the proper/reasonable hourly rate to be applied to the work performed by each attorney and will adjust them in turn.
1. Out-of-State Counsel
Lead counsel for Plaintiffs, Attorney Joseph Steinfield, was hired in the Fall of 2003 to represent Plaintiffs in the above-captioned claim. At the commencement of this litigation Mr. Steinfield’s hourly rate was $425. By 2007, his rate had creeped up to $475. “A party seeking attorneys’ fees is required to present evidence other than the attorney’s own affidavits regarding the prevailing hourly rate.”
Libertad,
In the case at bar, Plaintiffs submitted a uncontested sworn affidavit from Ruben Nigaglioni, respected member of the Puer-to Rico bar, attesting that based on his familiarity with the skills, background and reputation of Attorney Steinfield, he could command a rates of $350.00
4
per hour in Puerto Rico. Plaintiffs also submitted affidavits of three Boston practitioners stating that Attorney Steinfield’s rate is at or below what is typically charged by attorneys of his experience and prominence in Boston.
See
Docket No. 457, Exhibits J, K & L. As the First Circuit has held, “each case is unique and rates inflate over time,” thus making rigid adherence to past awards inadvisable.
Martinez-Velez v. Rey-Hernandez,
Having personally observed Mr. Stein-field in action, we believe his skills are first-rate. Further, we find that the hourly rate of $350.00 suggested by Atty. Niga-glioni’s suggested rate of $350.00 per hour is reasonable, particularly when compared to the hourly rates allowed in recent cases in this district. The highest hourly rate allowed by this Court in a political discrimination case pursuant to 42 U.S.C. § 1983 was $275.00 for out-of-court work and $300.00 for in-court work for attorneys Eliezer Aldarondo Ortiz and Pablo Landrau Pirazi.
See Reyes Cañada v. Rey Hernandez,
Likewise, in another political discrimination case pursuant to 42 U.S.C. § 1983, this District Court allowed an award of $265.00 for out-of-court work and $285.00 for in-court work.
See Sueiro Vazquez v. Torregrosa de la Rosa,
In
Libertad v. Sanchez,
In light of the proceeding discussion, absent affidavits contradicting these aforementioned affidavits and taking into account Mr. Steinfield’s level of skill, experience and success in this litigation, this Court will set his hourly rate at $330 for out-of-court work and $350 for in-court work.
Attorney Jeffrey Pyle’s billing rate started out at $195 an hour in 2003 and gradually increased to $225 by 2007. Mr. Pyle obtained his undergraduate degree from Trinity College in 1997 and his law degree from Boston College in 2000. Upon graduation, Mr. Pyle served as law clerk for Hon. Michael A. Ponsor at the United States District Court for the District of Massachusetts. At present, he is a senior associate at Prince & Lobel. Plaintiffs submitted a uncontested sworn affidavit from Andrés W. López (“López”), respected member of the Puerto Rico bar, attesting that based on his familiarity with the skills, background and reputation of attorney Pyle, the Court could award an hourly rate of $225 per hour for work performed in this litigation.
In
Reyes Cañada
the court awarded rates of $170/$190 for Attorney Iván Castro Ortz, who began practicing law in Jan
In addition, Plaintiffs request compensation for the work performed by law clerks and attorneys at Prince & Lobel, other than Joseph Steinfield and Jeffrey Pyle. In their opposition, Defendants object to these rates arguing that Plaintiffs failed to provide any information regarding these individuals qualifications, and thus, this Court is unable to determine the reasonableness of Plaintiffs’ request. However, a review of the record shows that Plaintiffs did submit the resumes of Attorney Paige Scotb-Reed (“Scott-Reed”) and of one of the law clerks, Daniel R. Visalli (“Visalli”). See Dockets No. 560 & 561. These resumes demonstrate the qualifications of these timekeepers, who worked a total of 42.90 and 241 84 hours, respectively. See Docket No, 458, Ex. G.
Attorney Scott-Reed graduated from Harvard and Radeliffe Colleges in 1992 and from Harvard School of Law in 1997. Upon graduation, she served as a law clerk for Hon. Dolores K. Sloviter, former Chief Judge of the United States Court of Appeals for the Third Circuit. She is now a senior associate at Prince & Lobel. Attorney Scott-Reed has requesb ed that her hourly rate be set at $225. However, we find it is too high considering she had only six years of experience at the start of this litigation. Accordingly, we will set her rate at $200 per hour for in-court time and $185 per hour for out-of-court time. On the other hand, at the time Visalli performed work in this litigation he was a law student at Northeastern University School of Law, candidate for a Juris Doctor in May 2004. Plaintiffs request that an hourly rate of $195 for Visalli. However, we find it is too high considering that at the time he was a law student performing work as a law clerk, with no experience as an attorney. In our discretion we will set a rate for him at $85 per hour for in-court time and $75 per hour for out-of-court time.
As to the other attorneys and law clerks at Prince & Lobel,
5
a review of the record shows that Plaintiffs failed to provide any information regarding these individuals qualifications, and thus, this Court is unable to determine the reasonableness of their request. “To inform and assist the court in the exercise of its discretion, the burden is
on
the fee applicant to produce satisfactory evidence ... that the requested rates are in line with those of prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.”
Blum,
Plaintiffs also seek reimbursement for paralegal work. “Attorneys’ fees for a prevailing party also include the work of paralegals.”
Santiago v. Mercado,
2. Local Counsel
The three local counsel hired by Plaintiffs — Joan S. Peters, Andres Guille-mard-Noble and Monique Guillemard-No-ble 6 — are members of the San Juan law firm of Nachman & Guillemard (“N & G”). 7 Attorney Peters graduated from Wellesley College in 1983 and from Georgetown Law School in 1986. Upon graduation, Attorney Peters served as a law clerk for Hon. Juan R. Torruella at the United States Court of Appeals for the First Circuit. Joan Schlump Peters submitted an affidavit stating that her usual hourly rate is $250, along with an order from the Bankruptcy Court for the District of Puerto Rico approving this rate. See Docket No. 457, Ex E. Ms. Peters presented an extensive list of civil rights and constitutional law cases in which she was involved over the past 22 years. Id. at Ex. D.
Furthermore, in
Limpieza Ciudadana v. Gracia-Morales,
Attorney Andres Guillemard-No-ble graduated from University of Hartford in 1987 and from the Interamerican University School of Law in 1990. Upon graduation, he served as a law clerk for the undersigned for the course of one year, and thereafter, for Hon. Hector M. Laf-fitte at the United States District Court for the District of Puerto Rico. He is now a senior partner at N & G. Attorney Andres Guillemard has also requested that his rate be set at $250. However, we find it is too high considering he only had thirteen years of experience at the time this case was filed. Accordingly, we will set his rate at $200 per hour for in-court time and $175 per hour for out-of-court time.
Attorney Monique Guillemard-Noble graduated from University of Pennsylvania in 1995 and from the Interameri-can University School of Law in 1998. Upon graduation, she served as a law clerk for Hon. Hector M. Laffitte at the United States District Court for the District of Puerto Rico. She is now a junior partner at N & G. Attorney Monique Guillemard has requested that her hourly rate be set at $200. Notwithstanding, we find it is too high considering she had only five years of experience at the start of this litigation. Accordingly, we will set her rate at $175 per hour for in-court time and $155 per hour for out-of-court time.
B. Time Sheets
“The second part of the Lodestar calculation involves the number of hours for which the Attorneys seek compensation.”
Bonilla v. Trebol Motors Corp.,
The district court ... should exclude from this initial fee calculation hours that were not “reasonably expended.” ... Cases may be overstaffed, and the skill and experience of lawyers vary widely. Counsel for the prevailing party should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission. ... Hours that are not properly billed to one’s client also are not properly billed to one’s adversary pursuant to statutory authority.
Hensley,
1. Vagueness
“In order to recover fees, attorneys must submit a full and precise accounting of their time, including specific information about number of hours, dates, and the nature of the work performed.”
Deary v. City of Gloucester,
In their response to the request for Attorney fees now before the Court, Defendants contend that Plaintiffs’ attorneys did not produce contemporaneous time records in support of their fee request and
2. Overstaffing and Duplicative, Unproductive or Excessive Hours
In their motion for Attorney fees, Plaintiffs argue that the time and effort dedicated to this case, although substantial, was necessary given the complexity of the issues and Defendants’ aggressive litigation strategy. See Docket No. 461 at page 3. Plaintiffs contend that a considerable portion of the time billed was spent opposing Defendants’ two interlocutory appeals, motions to dismiss, and motions to stay, as well as seeking to compel the production of documents or testimony. See Docket No. 461 at page 12-13. On the other hand. Defendants oppose Plaintiffs’ request for Attorney fees arguing that Plaintiffs’ case was overstaffed and that the prevailing parties’ Attorneys are charging for hours spent on work that was duplicative or excessive. 8 See Docket No. 486. In their reply, Plaintiffs’ Attorneys contend that there was no such overstaffing inasmuch as depositions were attended by only one Attorney and all other tasks were divided up among the team members efficiently and effectively throughout the litigation. See Docket No. 484 at page 3. Let’s see.
As pointed out by the Defendants, it is well-established that awards under Section 1988 “are not intended to serve as full employment or continuing education programs for lawyers and paralegals,”
Gay Officers Action League,
Notwithstanding, “[t]ime spent by two Attorneys on the same general task is not, however, per se duplicative.”
Rodriguez-Hernandez v. Miranda-Velez,
In determining the reasonableness of the prevailing party’s request, this Court finds that “[wjhether time billed by Plaintiff is excessive or unproductive must
In this case, the record reveals that the defense was indeed extreme. We need not restate the procedural background of this case. The docket report speaks for itself. During the course of this litigation, defendants filed motion after motion, delaying the progress of this litigation and, on occasions, rehashing arguments in motions that had already been rejected by the Court.
On the eve of trial, Defendants filed a motion to bifurcate pursuant to Rule 42 of the Federal Rules of Civil Procedure (Docket No. 359), flooded the case’s docket with motions in limine (Dockets No. 364, 365, 366, 368, 369), entered a motion for “simplification” of issues under Fed. R.CivP. 16(c) (Docket No. 372), a motion for judicial notice (Docket No. 373), and a motion for reconsideration of this Court’s order granting Plaintiffs’ one motion in limine (Docket No. 384). Thereafter, at the end of Plaintiffs’ case-in-chief, Defendants filed a 33-page Rule 50 motion (Docket No. 415), which was taken under advisement, see Docket No. 427. At the close of their turn to present evidence, Defendants then filed a renewed 44-page motion to dismiss under Rule 50 (Docket No. 433), Most of these motions were without merit, and were thus denied.
Even after losing at trial, Defendants’ vigorous resistance continued. After judgment was entered, Defendants then filed a 104-page motion pursuant to Rule 50(b) and/or Rule 59 (Docket No. 446). In addition, following the entry of a permanent injunction in favor of Plaintiffs, Defendants filed a motion for relief of judgment and permanent injunction pursuant to Fed. R.CivP. 60(b) (Docket No. 530). The Defendants were simply implacable adversaries.
Although the undersigned presided this case almost three (3) years after its inception,
see
Docket No. 331, it was enough time for the undersigned to be able to qualify this case as “bitterly contested.”
See Lipsett,
Given the aggressive nature of the defense and considering the time, effort, and energy involved in litigating against defendants, we find that the effective preparation and presentation of this case required a team at least as big as the defense’s. “After setting such a militant tone and forcing the plaintiffs to respond in kind, it seems disingenuous for the [defendant] to castigate the plaintiffs for putting too many troops into the field.”
Gay Officers
The Defendants first challenge the time spent in connection with drafting the complaint and the amended complaints. See Docket No. 486 at page 6. Of the 1977.3 total hours charged by Attorney Steinfield, 68.1 were dedicated to the drafting of the initial and amended complaints, whereas of the 1603.5 total hours billed by Attorney Pyle, 51 were dedicated to the preparation of the same. See Docket No. 458, Exhibits D, G. That is, a total of 119.1 man hours were spent on preparing these pleadings — the equivalent to 3-weeks worth of full-time commitment to the task by one Attorney. We agree with Defendants that this task took an excessive amount of time. Therefore, we will deduct 20 hours from Mr. Steinfield’s total tally and 10 hours from Mr. Pyle’s.
The Defendants also complain about the excessive amount of time spent on the various oppositions to motions.
See
Docket No. 486 at page 6. Having determined that Defendants in this case mounted a Stalingrad-type defense, this Court will not reward Defendants by reducing the amount of hours spent by Plaintiffs’ Attorneys opposing Defendants’ own numerous, and at times repetitive, motions.
Rodriguez-Hernandez,
The Defendants also challenge the amount of time Plaintiffs’ Attorneys spent in phone conferences between or among themselves.
See
Docket No. 486 at pages 7-8. The Defendants also point out that, on most occasions, Plaintiffs’ Attorneys fail to specify the topic of their phone conversations. After an assiduous review of the time entries submitted by Plaintiffs’ legal team, the Court notes that Plaintiffs’ Attorneys spent a considerable amount of time on the phone and in meetings with each other. As asserted by Defendants, most of the entries did not describe the topic of the conversation or the meeting, and when they did, they often involved instances of an Attorney updating another member of the legal team of a particular development in the case. The Court finds that duplicity may have resulted from these numerous conferences, and thus, will reduce by 20 percent (20%) all non-court time when counsel acted together.
See Ciudadana,
The Defendants also object to the hours spent; by Attorney Steinfield working on his fee agreement and the engagement letter with his clients, Plaintiffs. “A fundamental principle underlying judicial review of fee applications is that time spent on tasks not necessary to the presentation of this case should be deducted.”
Parker,
The Defendants also protest the amount of time spent on the Attorney fee application. According to Plaintiffs’ motion for Attorney fees, their legal team spent 191 hours working on this fee application: Mr. Steinfield (16.6 hrs.), Mr. Pyle (21.7 hrs.) and the paralegals (152.9 hrs.). See Docket No. 458, Exhibit D. The Court recognizes that this case lasted almost four years, and thus, the documents comprising the fee application are extensive. However, the Court agrees with Defendants that the time billed is excessive, but only as to the time spent by the paralegals putting together the documents now before the Court. Therefore, the Court will reduce by half the time billed by the paralegals, and thus deduce approximately 75 hours of their time.
The Defendants also raise objections to the hours billed by a paralegal for attending the pretrial conference and the jury trial. The Court agrees. The paralegal’s mere presence during these proceedings was unnecessary, and thus, 49.8 hours in paralegal time will be deducted. By the same token, the Court also finds that the attendance of more than one or two attorneys to some of the hearings that took place during the course of this litigation was unnecessary and may have resulted in overstaffing. For example, the Court finds that Attorney Schlump-Peters and Attorney Andres Guillemard-Noble’s attendance to the Preliminary Injunction Hearing that took place on January 20, 2004 was unnecessary inasmuch as the lead Attorney in this case, Mr. Steinfield, was also present. Consequently, this Court will deduct the 9.5 hours billed by each Attorney. We also find that Atty. Schlump-Peters and Atty. Andres Guille-mard-Noble’s travel and attendance to the March 9, 2007 oral argument before the
Finally, Defendants also oppose the hours spent by attorneys in tasks that were clerical in nature.
See
Docket No. 486 at pages 15-16. For example, a review of the itemized time sheets submitted for the work perform by Attorney Scott-Reed shows that a number of the items appear excessive as they are clerical in nature. Accordingly, the Court reduces the time claimed by Attorney Scotb-Reed by 14 out-of-court hours. The Court has also has identified some of these clerical entries and deducted 19.5 hours from Attorney Schlump-Peters and 1.9 hours from Attorney Pyle. Similarly, the Court also finds that some of the paralegals spent time on tasks that were purely clerical as well, such as packing boxes to send to Puerto Rico from Boston, making phone calls, or organizing files. In our discretion, the paralegal hours will be pruned by fifteen percent (15%).
See Lipsett,
3. Travel Time
The Defendants complain that, with regards to out-of-state counsel, the travel time to and from Puerto Rico and the time it took to make such travel arrangements should not be recoverable. See Docket No. 486 at page 11. According to Defendants, this time is the result of Plaintiffs’ decision to hire out-of-town Attorneys, and this expense should run on their tab. Id. In response, Plaintiffs contend that they should be reimbursed for the time spent by their Attorneys on travel inasmuch as they are not requesting compensation for travel time where the Attorney was not also working. See Docket No. 484 at page 4. In the alternative, they suggest that a reduction, if any, should be taken from the hourly rate, not the amount of time billed. Id. On this issue, we agree with Defendants.
In their reply, Plaintiffs cite the First Circuit Court of Appeals in
Maceira v. Pagan,
In accordance with the foregoing this Court will deduce all time spent for travel or preparation for travel billed by Mr. Steinfield, Mr. Pyle and Ms. Schlump-Pe-ters, with the exception of the instances where travel time was productively used to prepare for a meeting, a hearing, a deposition or trial. 11
C. Upward or Downward Adjustments
Finally, we must consider if there is any reason to adjust the requests downward or upward. Adjustments are made only in unusual circumstances. However, a reduction for time spent on unsuccessful claims or redundant or excessive hours is appropriate.
See Hanover Housing Authority,
1. Waived Claims
In their opposition to the motion for Attorney fees, Defendants argue that time spent on claims that were ultimately voluntarily waived by Plaintiffs in the Proposed Pretrial Order should not be allowed. See Docket No. 486 at pages 11-12. In their reply to Defendants’ opposition, Plaintiffs do not dispute Defendants request for a downward adjustment on these grounds.
In the Pretrial Order filed by the parties, Plaintiffs waived their substantive due process claim and the following state-law claims: tortious interference with contractual relationships and tortious interference with prospective business relationships.
See
Docket No. 358 at pages 71-72. We find that Defendants’ request for a downward adjustment in light of Plaintiffs’ voluntary waiver of these claims is reasonable. However, after a thorough review of the Attorney records, we are unable to apportion the time expended on these claims. Notwithstanding the foregoing, having closely managed this case, we find that the hours Plaintiffs’ must have spent on these claims must have been meager at
2. Unsuccessful Claims
The Defendants also argue that the Court should make a global reduction to the hours spent on failed claims by Plaintiffs’ Attorneys. According to Defendants, Plaintiffs did not succeed on their First Amendment political discrimination claim regarding the investigation against Contreras, as well as several of their claims against Juarbe. In addition, Defendants claim that the jury did not award damages to plaintiff Lone Star on most claims, and thus, a reduction is justified. See Docket No. 486. On the other hand, Plaintiffs argue in them reply that, not only did they achieve excellent results, but because the lawsuit involved a common core of facts, as opposed to a series of discrete claims, a reduction is unwarranted. See Docket No. 484.
The results obtained by a fee applicant is an important factor that may lead a court to adjust the fee request upward or downward.
See Hensley,
This factor is particularly crucial where a plaintiff is deemed ‘prevailing’ even though he succeeded on only some of his claims for relief. In this situation two questions must be addressed. First, did the plaintiff fail to prevail on claims that were unrelated to the claims on which he succeeded? Second, did the plaintiff achieve a level of success that makes the hours reasonably expended a satisfactory basis for making a fee award?
Id.
Where a plaintiffs claims for relief are based on different facts and legal theories, counsels work on an unsuccessful claim “will be unrelated to his work on another claim,” and thus uncompensable.
Id.
at 435,
Normally this will encompass all hours reasonably expended on the litigation, and indeed in some cases of exceptional success an enhanced award may be justified. In these circumstances the fee award should not be reduced simply because the plaintiff failed to prevail on every contention raised in the lawsuit. ... in good faith [Attorneys] may raise alternative grounds for a desired outcome, and the courts rejection of or failure to reach certain grounds is not a sufficient reason for reducing a fee. The result is what matters.
Id.
at 435,
The First Circuit has aptly summarized the Supreme Courts holding stating that “when a civil rights suit consists of multiple claims, and when the plaintiff prevails on some of them but not on others, the plaintiff is entitled to fees for hours worked not only on the successful civil rights claims, but also on other claims involving a common core of facts or related legal theories.”
Aubin v. Fudala,
In the case at bar, the Court finds that all legal claims against Defendants are interrelated. All claims arose out of Defendants’ singling out Plaintiffs because of their political beliefs in violation of their First Amendment rights. The Defendants’ violations of plaintiffs’ procedural due process, equal protection and privacy rights, as well as Defendants’ defamation of Plaintiffs were equally motivated. Defendants contend that despite the interrelatedness of the claims, although Plaintiffs’ success against defendant Contreras was practically absolute, it was not so against defendant Juarbe. As discussed in the background section infra, Plaintiffs succeeded in only three of their seven claims against Juarbe, a fifty-seven percent (57%) hit rate. However, all of these claims involved a common core of facts and were based upon related legal theories.
Accordingly, we find that Plaintiffs’ degree of success was substantial and find no justification for reducing the fees based on the over all relief obtained. The degree of success obtained is not measured solely by the compensatory damages recovered at trial. Plaintiffs’ obtained a judgment against Juarbe of $1,675,000.00, as well as preliminary and permanent injunctions. “The result is what matters,” not whether plaintiffs prevailed on every alternative theory of relief.
Hensley v. Eckerhart,
3. Supplemental State-Law Claims
Finally, Defendants argue in their opposition that this Court should not award Attorney fees for the time spent by Plaintiffs’ Attorneys on the local claims. According to Defendants, the right to privacy claim regarding the bank subpoenas is only related to the First Amendment claim against Contreras regarding the investigation. The Defendants now argue that because the jury did not find Contreras responsible for violating Plaintiffs’ First Amendment rights, Plaintiffs should not be awarded the Attorney fees incurred in the derivative local claim. See Docket No. 486 at page 10-11. In their reply, Plaintiffs counter Defendants’ contention arguing that, according to First Circuit ease law, the time spent on local claims is compensa-ble if they are closely interconnected with the federal claims, even if a plaintiff prevailed solely on state grounds. See Docket No. 484 at 2.
In
Figueroa-Torres v. Toledo-Davila,
We must now determine the amount of Attorney fees each defendant is responsible for. In light of the fact that the damages were assessed against each defendant individually and that it would be an impossible task for this Court to determine how many hours were expended litigating against each, the Court will utilize the “relative liability” method as a means of effectuating the apportionment. The Court will thus compare the damages assessed against each defendant to apportion the awarded Attorneys’ fees.
See Torres-Rivera v. O’Neill-Cancel,
The following are tables depicting all of the deductions and adjustments discussed above, as well as the computation of the total legal fees to be awarded to Plaintiffs.
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In accordance with the above-described deductions, hourly-rate changes and adjustments, the resulting amount of com-pensable legal fees is $1,525,580.30.
In their motion for Attorney fees and costs, Plaintiffs seek compensation for expenses such as: travel and lodging costs; food expenses; transportation expenses; messenger service expenses; telephone and courier (FedEx) expenses; photocopying costs; court reporter and interpreter services; and consulting services expenses. See Dockets No. 476, 477. The Defendants oppose these requests on several grounds as shall be discussed below. See Docket No. 486.
Under § 1988, a successful civil rights plaintiff is entitled to certain expenses which are customarily billed by Attorneys to their clients.
See
42 U.S.C.A. § 1988.
See also Boston and Maine Corp. v. Moore,
1. Travel, Lodging, Transportation, Food and Long Distance Telephone Charges
The Plaintiffs now seek reimbursement of $54,539.73 in travel expenses (transportation, lodging, and hotel food expenses), $1,484.57 in outside-hotel meals at 50% of the actual cost, and $734.48 in long distance telephone charges. The Defendants challenge these requests on the grounds that Defendants should not subsidize Plaintiffs’ decision to hire out-of-town counsel. See Docket No. 486. The Court agrees.
Although the amounts requested by Plaintiffs are recoverable pursuant to 42 U.S.C. § 1988, they are subject to a reasonableness review. As discussed above, local counsel with the required degree of experience and specialization were available to Plaintiffs, and it would be unreasonable to charge Defendants for the extraordinary travel expenses incurred by Attorneys Steinfield, Pyle and Schlump-Peters, which arose from Plaintiffs’ decision to hire out-of-town Attorneys. In addition, Plaintiffs have failed to argue in favor of the reasonableness of these expenses. Therefore, the Court will disallow all expenses that resulted from Plaintiffs’ uncalled for retention of distant lawyers.
See Palmigiano v. Garrahy,
2. Mail, Fax and Courier Expenses
The Plaintiffs request to recover $9,494.31 in fax, postage, messenger and express mail services. The Defendants challenge this amount on the same grounds as the travel expenses: to the extent Plaintiffs seek reimbursement for documents mailed/faxed to and from Miami or Boston, they should be disallowed because these costs arise out of Plaintiffs’ decision to hire out-of-state counsel. See Docket No. 486 at page 24. This Court incorporates herein the analysis and the conclusions reached in the foregoing section, and thus finds that the amounts spent by Plaintiffs’ Attorneys for delivery services and long distance faxing are unreasonable. Therefore, this Court will not grant Plaintiffs’ request for reimbursement of these items.
Notwithstanding, the Court has identified certain delivery service expenses incurred locally by the N & G Attorneys, as well as messenger service expenses incurred by the Prince & Loeb Attorneys for delivering documents to the First Circuit Court of Appeals, which the Court finds are reasonable. These items amount to $125.00 for N & G (Docket No. 477-4) and $75.60 for Prince & Loeb (Docket No. 476-7), for a total of $200.60 in courier services.
3. Photocopying
Plaintiffs seek $5,074.44 in-house photocopying expenses and $4,307.71 in payments made to outside vendors (Minuteman Press and Doubleday). The Defendants object to this amount as excessive.
Upon examination of Plaintiffs’ records, we partially differ from Defendants. We find the in-house photocopying costs at fifteen cents per copy ($0.15) to be reasonable. However, the Court notes that although Plaintiffs have submitted a general list of their copying expenses by outside vendors, accompanied by photocopies of receipts, they have not provided detailed explanations for these particular expenses.
See Hensley,
In conclusion, the Court will allow a total of $7,227.01 in photocopying expenses: $5,074.65 for in-house photocopying as requested ($91.50 to be paid out to N & G and $4,983.15 to be paid out to Prince & Loeb) and $2,152.36 for outside-vendor photocopying expenses to be paid out to N & G.
4.Computerized. Legal Research
The Plaintiffs also seek $16,420.84 in computerized legal research which Defendants object on the grounds that it is an unreasonable amount. In support of their request, Plaintiffs submit hundreds of pages of invoices from LexisNexis. The invoices are incomprehensible, to say the least, and do not indicate to the Court the subject matters that were researched thus failing to place the Court in a position to
5. Court Reporter, Trial Services and Court Interpreter Services
The Plaintiffs also request compensation for $2,993.75 for deposition and trial transcript services and $1,315.00 for court interpreter services. The Defendants object to these amounts, but fail to state the grounds upon which they base their objections.
See
Docket No. 486 at page 27. Despite Defendants’ objections, the Court is aware that many witnesses had to be deposed during the discovery phase of this litigation and that expedited trial transcripts were necessary due to the critical nature of some of the testimony presented.
See Parker,
6. Expert Fees
The Plaintiff also requests recovery of payments to Harvard Law School Professor Richard F. Fallon, Jr., who plaintiff Lone Star retained to provide consulting services on issues of constitutional law. Professor Fallon’s charges amounted to $11,700 in consulting fees. The Defendants challenge this request on the grounds that it is not only excessive, but also unnecessary inasmuch as Plaintiffs hired Mr. Steinfield, an expensive Attorney, because of his expertise in civil rights litigation. See Docket No. 486 at page 27. We agree.
Although Plaintiffs’ conclusively assert that the charges are extremely reasonable and that the Professor’s consultation was extremely helpful, they fail to adequately set forth the particular services the consultant provided. Merely attaching the consultant’s laconic invoice is not enough to place this Court in a position to determine the reasonableness of the request. Therefore, the Court will reduce the expenses claimed by $11,700, the amount billed by the consultant.
7.Secretarial Overtime
Finally, Plaintiffs seek payment for costs incurred in secretarial overtime totaling $444.00. The Defendants also object to this amount and we concur. Consequently, the Court disallows this cost as well.
See Weinberger v. Great Northern Nekoosa Corp.,
III. CONCLUSION
For all the reasons set forth above, the Court therefore GRANTS IN PART AND DENIES IN PART Plaintiffs’ motion for the Attorneys’ fees. Plaintiffs are awarded $1,525,580.30 in legal fees and $23,368.19 in costs and expenses. The Attorney fees shall be distributed as follows:
Prince & Loeb
Contreras $ 660,113.14
$ 1,015,558.67
Nachman & Guillemard
Contreras $ 331,514.06
Juarbe $ 178,507.57
$ 510,021.63
TOTAL $ 1,525,580.30
IT IS SO ORDERED AMENDING NUNC PRO TUNC THE OPINION AND ORDER ENTERED ON AUGUST 25, 2008.
Notes
. Rule 60(a) of the Federal Rules of Civil Procedure provides the vehicle through which a court can correct its own clerical errors. Specifically, the Rule states in its pertinent part that "Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.” Fed.R.Civ.P. 60(a). There is no question that the type of mistake involved in the present case is of the type envisioned by Rule 60(a). The Supreme Court has recognized a district court's plenary power to correct its own clerical mistakes.
See Gagnon v. United States,
. Hereinafter, Contreras, the OIC and Juarbe will also be collectively referred to as the "Defendants”.
. The Court notes that Plaintiffs request the same hourly rate for both the time spent in-courl as well as out-of court without making any distinction on whether the same was performed in-court or out-of-court. However, following this District’s case law, the Court will differentiate the rates and award the same depending on whether the time was invested in-court or out-of-court.
See Ciudadana v. Gracia-Morales,
. In making his recommendation, Mr. Niga-lioni didn't specify whether this rate should be awarded to time spent in-court or out-of-court.
. Specifically Plaintiffs also seek fees for attorney Michael Calawa and lawclerks Nina Y. Cordelia, Joseph P. Calandrelli, Anne K. Grant, Siddhartha Mukherjee, Regina Gerrick and Gregory Klotz.
. In their opposition, Defendants objected to the hours charged by Attorneys Andres Guille-mard-Noble and Monique Guillemard-Noble because they are the son and daughter of the individual plaintiffs, and according to Defendants, they were essentially the client. Defendants cite no case law on this matter, and they do not argue that these Attorneys did not actually perform the work detailed in their records. Accordingly, the Court denies Defendants' request.
Notwithstanding, Defendants request that this Court reduce the hours spent by Attorneys Andres and Monique Guillemard-Noble preparing their father to testify for trial. The Court will grant their request but on different grounds: that the hours charged by these Attorneys are duplicative inasmuch as Attorneys Steinñeld and Pyle billed for the same task. Surely, Plaintiff Guillemard did not need four different Attorneys preparing him simultaneously. Accordingly, the Court will reduce 4.5 hours from Plaintiffs' son and daughter's timesheets.
. The Court notes that although Attorney Schlump-Peters is a senior associate at a local law firm, she informed the Court in her declaration that throughout the course of this litigation she was a resident of Miami, Florida, and thus, traveled back and forth to attend hearings and depositions and prepare for trial in Puerto Rico.
. The Defendants object to the amount of Attorneys and law clerks from Prince & Lo-bel, other than Mr. Steinfield and Mr. Pyle, that worked on this case. Because we have already discounted their hours based on different grounds, the Court will not discuss this contention herein.
. The Court notes that, if we were to follow Defendants’ logic, we would necessarily find that they too overstaffed their case since five (5) different Attorneys appeared on their behalf.
. After a careful review of the records submitted, the Court estimates that Mr. Steinfield
. Generally, Atty. Schlump-Pelers reported her travel time in block billing entries. The Court therefore has determined the time for a direct flight to the Attorney’s destination (Miami) to be three (3) hours, and reduced that amount of time from the total hours billed in the block entry.
See Gratz
v.
Bollinger,
