MEMORANDUM OPINION
• The plaintiffs 1 bring this action against the District of Columbia (“the defendant” or “the District”) under- the Individuals with Disabilities Education Act (“IDEA”). 2 Currently pending before the Court are the Plaintiffs’ Motion for Summary Judgment (“Pis.’ Mot.”), and the defendant’s Opposition to Plaintiffs Motion for Summary Judgment - and Cross-Motion for Summary Judgment (“Def.’s Mem.”). Upon careful consideration of the parties’ submissions and the entire recórd in this case, the' Court concludes that it must grant in part and deny in part the plaintiffs’ motion for summary judgment and grant in part and deny in part the defendant’s cross-motion for summary judgment. 3
I. BACKGROUND
The plaintiffs initiated this action to recover “legal fees and costs incurred in successful litigation under the [IDEA],” Am, Compl. ¶ 1. The plaintiffs each allege that they “prevailed in IDEA [administra
On October 16, 2015, the plaintiffs filed their motion for summary judgment. In their motion, the plaintiffs ask the Court to award them “attorneys’ fees ... incurred in the underlying administrative litigation in the amount of $528,256.00.” Pis.’ Mot. at 1. The plaintiffs assert that their evidence, including a “detailed itemization of tasks performed [and the] hours expended [on them],” Pis.’ Mem. at 4, demonstrates that “the [number of] hours claimed are reasonable,” id. at 5. Further, the plaintiffs assert that the Court must determine their hourly fees in accordance with “an updated version of the Laffey [M]atrix.” Id. at 11. According to the plaintiffs, the updated Laffey Matrix is the appropriate benchmark of a reasonable hourly rate because, supposedly, they “presented the declarations of lawyers attesting to their ability to negotiate and earn these rates on the open market.” Id. at 12. Additionally, the plaintiffs assert that the Court “should award current hourly rates,” id. at 13, and explain that, “[b]y ‘current,’ [they] ... refer to 2013 rates,” id. n.5, i.e., the rates in effect when they commenced this action.
The plaintiffs also ask the Court to “order a fee petition from the [plaintiffs at the conclusion of this litigation,” id. at 13, asserting that plaintiffs who successfully litigate a case for attorney’s fees and costs under the IDEA may also recover “additional fees for time reasonably devoted to obtaining attorney’s fees,” id. (citing Kaseman v. District of Columbia,
On November 13, 2015, the defendant filed its cross-motion for summary judgment. The defendant argues that the plaintiffs have failed to “offer ... relevant evidence supporting the prevailing rate in the community for the' type of work done’ by their attorneys in this case,” Def.’s Mem. at 2, and that the plaintiffs’ “requested enhanced Laffey rates are not warranted,” id. at 3 (citation omitted). Instead, the defendant asserts that “[t]hree-fourths of the [lower] [United States Attorneys’ Office] Laffey rate is the maximum appropriate rate for this case.” Id. at 6. As support for this position, the defendant states that “[s]everal judges in this Court have held the Laffey [M]atrix to be inapplicable and have instead compensated attorney[’s] fees at a rate equal to three-quarters ... of Laffey or less.” Id. at 8 & n.3 (citing cases). “Given the. number of cases in which a rate less than Laffey has been awarded to [plaintiffs’ counsel in IDEA actions,” the defendant opines, “it is clear that the [C]ourt need not award Laffey rates as a matter of course in order to
The defendant raises a more specific challenge to the reasonableness of Has-san’s requested hourly rate, contending that it “is not reasonable because” she “billed ... at a rate higher than her experience level.” Id. at 13. To bolster this contention, the defendant states that, although “Hassan graduated from law school in 2001, and has been specializing in special education matters since 2012,” id. “she did not start practicing law until May 2004,” id. (citation omitted).
The defendant also advances several additional arguments. First, the defendant notes that “Courts in this District often reduce awards of attorney[’s] fees under the IDEA based on partial success,” id. at 15 (citing cases), and asserts that the plaintiffs’ fees “should be reduced by at least 50%,” id. at 19, because the plaintiffs “did not receive all of the requested relief’ at the due process hearings, see id. at 16; see also id. at 15-19. Second, the defendant states that the plaintiffs “should not [be able to] bill the District for services rendered by an educational advocate or consultant,” id at 19 (citing Arlington Cent. Sch, Dist. Bd. of Educ. v. Murphy,
II. STANDARD OF REVIEW
Before granting a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56, a court' must find that “there is no genuine dispute as to any material fact and the movant is’entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “A fact is material if it ‘might affect the outcome of the suit under the governing law,’ and a dispute about a material fact is genuine ‘if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’ ” Steele v. Schafer,
When ruling on a motion for summary judgment, “[t]he evidence of the non-mov-ant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson,
In responding to a summary judgment motion, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,
III. ANALYSIS
The plaintiffs seek reimbursement for legal work performed by Hassan and Fernandez for themselves personally and for their children. See generally Pis.’ Reply Br., Ex. 3 (Invoice). In the interest of clarity, the Court will first consider the reasonableness of Hassan’s request for attorney’s fees.
A. Attorney Hassan
1. Basic Test
“The IDEA requires the District to provide disabled children with a ‘free appropriate public education.’ ” Eley v. District of Columbia,
The District of Columbia Circuit (“the Circuit”) employs a three-part test to determine the amount of an appropriate fee award. “First, the court must'determine the ‘number of 'hours reasonably expended in litigation.’” Eley,
Because “the IDEA prohibits [the] application of any ‘bonus or multiplier,’ ” id.
2. The Reasonableness of the Plaintiffs’ Requested Hourly Rates a. Whether to Apply the LSI or USAO Laffey Matrix
To demonstrate that the requested hourly rates are reasonable, “a fee applicant must ‘produce satisfactory evidence—in addition to the attorney’s own affidavits—that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.’ ”Id. (quoting Blum v. Stenson,
“Competing updated Laffey Matrices have [been] developed ....” I& at 101. “The first Laffey Matrix is maintained and updated by the District United States Attorney’s Office (USAO Laffey Matrix).” Id. “The USAO Laffey Matrix starts with ‘[t]he hourly rates approved in Laffey ... for work done principally in 1981-82’ as its baseline.” Id. (alterations in original) (citation omitted). Then, “[i]t adjusts these rates to account for inflation by using the Consumer Price Index for All Urban Consumers (CPI-U) of the United States Bureau of Labor Statistics.” Id. (citation omitted). By contrast, “a competing Laffey Matrix (LSI Laffey Matrix) ... uses the Legal Services Index of the Bureau of Labor Statistics to adjust for inflation.” M. “[T]he LSI Laffey Matrix adjusts for the increases in costs for legal services only.” Id. at 101-02. The LSI Laffey Matrix was “[developed by Michael Kavanaugh, an economist from Hawaii.” Id. at 101..
The Circuit has yet to definitively decide whether “IDEA litigation is ... sufficiently ‘complex’ to use either version of the Laffey Matrix (and if so, which version of the Laffey Matrix is more appropriate).” Id. at 105. However, in Eley, the Circuit vacated a district court’s decision to use the LSI Laffey, Matrix in determining a fee award under the IDEA. Id. In reaching this decision, the Circuit stated that the plaintiff “had the burden to produce satisfactory evidence—in addition to [her] attorney’s own affidavits—that [her] requested rates [were] in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” Id at 104 (some alterations in original) (citation omitted). And, the Circuit reasoned that the following “evidentiary submission” failed to meet this standard: “the LSI' Laf-fey Matrix, Kavanaugh’s declaration explaining the LSI Laffey Matrix[,] and [the plaintiffs] lawyer’s verified statement averring that [the lawyer] charged his'paying clients the rates in the LSI Laffey Matrix.” Id. In the Circuit’s judgment, these submissions included no “evidence that [the plaintiffs] requested rates [were] in line with those prevailing in the community for similar services[.]” Id. (citations omitted). The Circuit further noted that the plaintiff “directed the district court to only four cases that had employed the LSI Laffey matrix—none of which was an IDEA case.” Id. Therefore, the Circuit concluded that the district court “abused
In this District, “there has not been a unified approach to the proper rates for attorneys’ fees in IDEA eases[.]” Young v. District of Columbia,
This Court has endorsed a hybrid version of these two approaches. “[T]he undersigned generally rejects an award of the full [USAO] Laffey Matrix rate in non-complex IDEA cases litigated solely at the administrative level, finding that [t]he [USAO Laffey] Matrix is not ipso facto determinative of the proper hourly rate .... ” Salmeron v. District of Columbia,
In a recent decision, this Court awarded the plaintiffs attorney 92% of the USAO Laffey rate. Hammond v. District of Columbia,
In another case, this Court awarded the plaintiff approximately 90% of the USAO Laffey rate “after a lengthy and contested
Plaintiff A.G.’s administrative hearing involved [eleven] exhibits totaling over [seventy] pages. The exhibits included reports from two psychological evaluations, report cards, behavior intervention plans, etc. D.C. Public Schools offered [two] exhibits totaling approximately [seventeen] pages. D.C. Public Schools filed a detailed Answer. A prehearing conference was held and the hearing officer issued a [four] page pre-hearing order. Plaintiffs listed [fifteen] witnesses and D.C. Public Schools disclosed [fourteen] witnesses to testify at the hearing. These witnesses included a speech/language pathologist, psychologist, teachers, therapists, [three] DCPS supervisors, IEP coordinator and the DCPS director of special education. Whether they ultimately testified at the hearing or not, undersigned counsel needed to be prepared to respond to each and every witness listed by D.C. Public Schools. The hearing lasted virtually a full day. Each party filed lengthy written closing arguments. The hearing officer subsequently issued a [twelve] page single spaced decision awarding [the] petitioner the relief being sought.
Id. at 106-07.
By contrast, this Court held in another case that only 75% of the USAO Laffey rate was proper. See Jay v. District of Columbia,
For the following reasons, the Court finds that the plaintiffs have failed to show that Hassan is entitled to the enhanced LSI Laffey rates. The plaintiffs’ evidentiary submissions in this case are similar to what the Circuit in Eley held were insufficient to justify using the enhanced Laffey rates, the plaintiffs having submitted as support for such an award, “the LSI Laffey Matrix, Kavanaugh’s declaration explaining the LSI Laffey Mated,] and [the plaintiffs’] lawyer’s verified statement averring that [she] charged [her] paying clients the rates in the LSI Laffey Matrix.” Compare
The plaintiffs counter that they submitted “six verified statements ... directly fulfilling the evidentiary requirement ] in Eley,” Pis.’ Reply Br. at 4, which show that the plaintiffs’ “requested rates are in line with those prevailing in the community for similar services,”
b. The Applicable USAO Laffey Rates
Having concluded that the USAO Laffey Matrix is a more appropriate measure of a reasonable attorney’s fee in IDEA cases, the Court must determine the applicable USAO Laffey rates for each of the seven proceedings. Although Hassan states that she graduated from law school in 2001, the defendant contends, and Has-san does not contest, that “she did not start practicing law until 2004.” Def.’s Mem. at 13; see also Tillman v. District of Columbia,
The next issue for the Court to address is whether to apply the USAO Laffey rates that were in effect in 2013, supra at 160, or the “rates at the time that work was performed,” supra at 161. The Court previously held in this case that it was “appropriate to award the plaintiffs’ attorney! ] an hourly rate ... [based on] the year when the legal services were rendered,” Salmeron,
The Coleman Proceeding: Hassan provided services to plaintiff Coleman from January 2013 to May 2013. Id. at 5-9. The applicable USAO Laffey rate for the entire period is $355.
The Flythe Proceeding: Hassan rendered services to plaintiff Flythe from May 2013 to September 2013. Id. at 12-15. 8 The applicable USAO Laffey rates are $355 for May 2013, and $360 for June 2013 to September 2013.
The Wade Proceeding: Hassan provided services to plaintiff Wade in May 2012, and from December 2012 to September 2013. Id. at 18-22. The applicable USAO Laffey rates are $350 for May 2012, $355 for December 2012 to May 2013, and $360 for June 2013 to September 2013. 9
The Everett Proceeding: Hassan rendered services to plaintiff Everett from May 2012 to February 2013. Id. at 24-26. The applicable USAO Laffey rates are $350 for May 2012, and $355 for June 2012 to February 2013.
The Coates Proceeding: Hassan rendered services to plaintiff Coates from May 2012 to September 2012, Id. at 28-29. The applicable USAO Laffey rates are $350 for May 2012, and $355 for June 2012 to September 2012.
The Liriano Proceeding: Hassan provided services to plaintiff Liriano from July 2013 to November 2013, id. at 31-33. The applicable USAO Laffey rate for the entire period is $360.
c. What Percentage of the Applicable USAO Laffey Rates to Award Based on the Specifics of Each Proceeding
As noted, “it is the general position of the undersigned to use the [USAO] Laffey Matrix rate as the appropriate measure , of the prevailing market rate in IDEA cases and then evaluate on a case-specific basis 'what amount of attorneys’ fees should be awarded.” Salmeron,
i. The Salmerón Proceeding
In the first proceeding, Hassan spent eight hours participating in the due process hearing. Pis.’ Reply Br., Ex. 3 (Invoice) at 3. The parties presented approximately forty exhibits during the hear-
Although these facts are comparable to those in Hammond, in which the Court awarded the plaintiffs counsel 92% of the USAO Laffey rate,
ii. The Coleman Proceeding
In this proceeding, Hassan spent 3.6 hours at the due process hearing, Pis.’ Reply Br., Ex. 3 (Invoice) at 8, after which the parties entered into a six-page consent order, Pis.’ Mot., Ex. 1 (Determinations) at 24, 29. Therefore, the Coleman proceeding is similar to Jay, in which “the case was resolved prior to extensive participation in the due processes hearing, primarily through negotiations, and memorialized in a four-page Consent Order.”
iii. The Flythe Proceeding
In this proceeding, which was resolved with a three-page consent order, Pis.’ Mot., Ex. 1 (Determinations) at 31-33, the record does not reflect that Hassan even attended a due process hearing, see Pis.’ Reply Br., Ex. 3 (Invoice) at 12-15. Thus, the Flythe proceeding appears to be even more straightforward than the due process hearing in Jay, in which “the plaintiff presented ... one witness at the hearing before the hearing was aborted so the parties could discuss settlement.”
iv. The Wade Proceeding
In this proceeding, Hassan spent eight hours participating in the due process hearing. Pis.’ Reply Br., Ex. 3 (Invoice) at 22. The parties presented approximately thirty exhibits during the hearing, Pis.’ Mot., Ex. 1 (Determinations) at 36-38, and five witnesses, id. at 20. The parties had to address between two and six issues, see id. at 36, 51-52, and the hearing officer issued a nineteen-page determination, id. at 34, 52. Although these facts are comparable to those in the Salmerón proceeding, in which the Court awarded Hassan 90% of the applicable USAO Laffey rates, see supra at 168-69, they indicate that the due process hearing in this case was slightly less involved than Salmerón. For instance, in the Salmerón due process hearing, the parties presented approximately forty exhibits, supra at 168-69, whereas the parties in the Wade proceeding presented only thirty. As a result, the Court will award Hassan 85% of the applicable Laf-fey rates for this proceeding.
v. The Everett Proceeding
In this proceeding, Hassan devoted seven hours participating in the due process hearing. Pis.’ Reply Br., Ex. 3 (Invoice) at 26. The parties presented approximately thirty-seven exhibits during the hearing, Pis.’ Mot., Ex. 1 (Determinations) at 71-72, and six witnesses, id. at 73. The parties had to address six issues, id. at 64, 66-67, and the hearing officer issued a fifteen-page determination, id. at 55, 99.
These facts indicate that this proceeding was as complex as proceeding in Wade. For instance, the hearing in Wade consumed eight hours, and the hearing in this proceeding lasted seven hours. Likewise,
vi. The Coates Proceeding
In this proceeding, Hassan spent six hours participating in the due process hearing. Pis.’ Reply Br., Ex. 3 (Invoice) at 32. The parties presented approximately twenty exhibits during the hearing, Pis.’ Mot., Ex. 1 (Determinations) at 76-77, and five witnesses, id. at 76. The parties had to address six issues, id. at 75-76, and the hearing officer issued a ten-page determination, id. at 74, 83.
. These facts indicate that the Coates proceeding was somewhat less complicated than the Wade proceeding, in which the Court awarded Hassan 85% of the USAO Laffey rates. For instance, the due process hearing in the Wade proceeding lasted for eight hours, supra at 169, but only six hours in the Coates proceeding. Likewise, the parties presented thirty exhibits in the Wade hearing, supra p. 18, but only twenty in the Coates hearing. Accordingly, the Court will award Hassan 80% of the USAO Laffey rates applicable to this proceeding.
vii. The Liriano Proceeding
Finally, in this proceeding, Has-san spent six hours participating in the due process hearing. Pis.’ Reply Br., Ex. 3 (Invoice) at 35. The parties presented approximately twenty exhibits, Pis.’ Mot., Ex. 1 (Determinations) at 114, and six witnesses, id. at 115. The parties had to address two issues, id. at 105, and the hearing officer issued a ten-page determination, id. at 103,112.
These facts indicate that this proceeding was essentially as complex as the proceedings in Coates because both proceedings involved six-hour hearings, the presentation of approximately twenty exhibits, and the issuance of ten-page determinations. Furthermore, while the hearing officer had to decide four more issues in Coates, the parties presented one more witness during this proceeding. Therefore, as in Coates, the Court will award Hassan 80% of the applicable USAO Laffey rate in this case.
d. Calculation of the Final Hourly Rates
Having determined the appropriate percentages of the applicable USAO Laffey rates Hassan is entitled to receive for the services provided in the seven proceedings, the Court must multiply these percentages by the rates to calculate the final hourly rates (i.e,, the amount of money per hour) Hassan is entitled to receive. The Court’s computations are provided in the chart below:
3. The Reasonableness of the Number of Hours Expended
The next step in the analysis is for the Court to determine whether Hassan has requested a reasonable number of hours for work performed in the seven proceedings. In making this determination, the Court may: (1) consider other cases as a guide regarding what constitutes a reasonable number of hours, Hammond,
a. The Salmerón Proceeding
Hassan seeks payment for 90.3 hours of’ work performed regarding the Salmerón proceeding. Pis,’ Reply Br., Ex. 3 (Invoice) at 4. Of these hours, 74.9 cover work performed between February 2013 and May 2013, see id. at 1^4, and the remaining 15.4 hours cover work performed in June 2013, see id. at 4. “Although' [90.3] hours may be on the high end of what courts customarily award for successfully prosecuting an IDEA case at solely the administrative level, this total is within the range of reasonableness.” See Hammond,
b.The Coleman Proceeding
Hassan seeks reimbursement for 107.5hours for work performed in connection with this proceeding. Pis.’ Reply Br., Ex. 3 (Invoice) at 11. However, as evidenced by the Court’s award of only 75% of the USAO Laffey rate for this proceeding, supra at 169, it was relatively straightforward, and 107.5 hours surpasses the number of hours this Court has approved in more complex IDEA proceedings. For instance, in Hammond, the Court reimbursed the plaintiffs counsel for 88.2 hours at an hourly rate of 92% of the USAO Laffey Matrix,
c. The Flythe Proceeding
Hassan seeks reimbursement for 65.8 hours for this proceeding, Pis.’ Reply Br., Ex. 3 (Invoice) at 17, which includes 6.5 hours for work performed in May 2012, id. at 12, 1.9 hours for work performed in May 2013, id., and 57.4 hours for work performed from June 2013 to September 2013, id. at 12-15. The Court has already eliminated the 6.5 hours for work performed in May 2012 because “the entries reflect that ... this [work] was preliminary in nature and not meaningfully related to ... [Flythe’s] filing of the ... due process complaint.” Hammond,
d. The Wade Proceeding
Hassan seeks reimbursement for 101.5 hours for this proceeding, Pis.’ Reply Br., Ex. 3 (Invoice) at 23, which includes 4.4 hours for work performed in May 2012, id. at 18, 40.5 hours for work performed between December 2012 and May 2013, id. at 18-19, and 56.6 hours for work performed between June 2013 and September 2013, id. at 19-22. At the outset, the Court observes that the time entries for May 1, 2012 (1 hour) and May 17, 2012 (1 hour) are duplicative because they both seek reimbursement for “initial consultation with the parent regarding pursuing her claim
Nor does the Court find the remaining 100.5 hours fully reasonable. Although another member of this Court has approved an attorney’s request for 97.3 hours on facts similar to those in this proceeding, see Sweatt v. District of Columbia,
e. The Everett Proceeding
Hassan seeks reimbursement for 61.3 hours for this proceeding, Pis.’ Reply Br., Ex. 3 (Invoice) at 27, nine of. those hours for work performed in May 2012, id. at 24, and 52.3 of those hours for work performed between June 2012 and September 2012, id. at 24-26. The corresponding time entries are reasonably detailed and reflect minimal block-billing, and 61.3 hours is a reasonable amount of time to spend on a proceeding in which the Court awards 85% of the USAO Laffey rates. Accordingly, subject to further reductions discussed below, the Court will award Has-san $2677.50 (9.0 x $297.50) for work performed in May 2012, and $15,781.53 (52.3 x $301.75) for work performed between June 2012 and September 2012, for a subtotal of $18,459.03.
f. The Coates Proceeding
Hassan seeks reimbursement for 59.9 hours for this proceeding, id. at 30, 20.3 of those hours for work performed in May 2012, id. at 28, and 39.6 of those hours for work performed from June 2012 to September 2012. The corresponding time entries are reasonably detailed and reflect minimal block-billing, and 59.9 hours is a reasonable amount of time to spend on a proceeding in which the Court awards 85% of the USAO Laffey rates. Accordingly, the Court will award Hassan $5,684.00 (20.3 x $280.00) for work performed in May 2012 and $11,246.40 (39.6 x $284.00) for work performed from June 2012 to September 2012, for a subtotal of $16,-930.40.
g. The Liriano Proceeding
Hassan seeks reimbursement for 65.4 hours for work performed between
4. Further Reductions to the Lodestars
Now that the Court has calculated the lodestars, supra Part III.A.3, the Court must consider whether to further reduce them based on the measure of success that the plaintiffs obtained on their due process complaints. The defendant asserts that the Court should reduce the plaintiffs’ fees “by at least 50%” because the plaintiffs did not receive all of the relief that they requested at the due process hearings. See supra at 161 (summarizing the defendant’s arguments). The plaintiffs counter that the Court should not reduce the fees based on partial success because they “prevailed on the large majority of issues and because very little of the work expended was attributable only to the other issues.” Pis/ Reply Br. at 13.
Although, when ruling on a motion for attorney’s fees, “[t]he most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate,” Hensley,
Applying these principles, some members of this Court have reduced attorney’s fee awards in IDEA cases based on a plaintiffs partial success. See, e.g., McNeil v. Options Public Charter Sch., No. 12-0529 EGS/DAR,
Here, based on the partial success that some of the plaintiffs received at the due process hearings, reducing some of the lodestars is appropriate. As an initial matter, however, the Court rejects the defendant’s assertion that a 50% across-the-board reduction is proper. As Hassan’s invoice reflects, see generally Pis.’ Reply Br., Ex. 3 (Invoice) at 1-35, the defendant’s position overlooks the fact that much “of [Hassan’s] time [was] devoted generally to the litigation as a whole, making it difficult to divide the hours expended on a claim-by-claim basis.” Hensley,
a. The Salmerón Proceeding
In this due process hearing, plaintiff Salmerón prevailed on one of six issues. Pis.’ Mot., Ex. 1 (Determinations) at 12, 19. According to Hassan, “[l]ess than one-third of the work on the case was devoted to the relief not obtained.” Pis.’ Reply Br. at 13. Based on Salmeron’s partial success at this hearing, as well as Hassan’s acknowledgement that up to one-third of her work on the case was devoted to the unsuccessful issues, the Court will reduce Hassan’s attorney’s fee award for work performed on this proceeding by 25%. Accordingly, attorney’s fees totaling $21,690.11 (75% of $28,920.15) are awarded for this proceeding.
b. The Wade Proceeding
In the due process hearing in this proceeding, the percentage of issues on which Wade prevailed is not entirely clear. Compare Pis.’ Mot., Ex. 1 (Determinations) at 36 (indicating that the case presented two core issues), with id. at 51-52 (indicating that the case presented as many as six issues). In any event, the hearing officer determined that the stu
c.The Everett Proceeding
In- the due process hearing in this proceeding, plaintiff Everett prevailed on one of five issues. Pis.’ Mot., Ex. 1 (Determinations) at 57-58, 64, 66-67. According to Hassan, “[l]ess than 5% of the work on the case was devoted to the relief not obtained.” Pis.’ Reply Br. at 14. Although Hassan’s assertion that less than 5% of the work related to the four unsuccessful issues again may seem implausible considering the 80% failure rate, the record reflects that there was a common nucleus of fact between the successful issue and unsuccessful issues. See Pis.’ Mot., Ex. 1 (Determinations) at 67 (discussing an individualized educational program [“IEP”] that the hearing officer found adequate when determining that a subsequent IEP was inadequate). Furthermore, Everett’s degree of success in this proceeding parallels Wade’s degree of success in that proceeding. Based on these considerations, the Court will reduce the amount of attorney’s fees to which Hassan is entitled for work performed on this proceeding by 20%. Accordingly, attorney’s fees totaling $14,767.22 (80% of $18,459.03) will be awarded for this proceeding.
d.Coates Proceeding
In the sixth due process hearing, plaintiff Coates largely prevailed on the two issues submitted for determination, see id. at 75-76, 82, which included “the funding for [a] private placement,” Pis.’ Reply Br. at 14. According to Hassan, “[l]ess than 10% of the work on the case was devoted to the relief not obtained.” Id. Because Coates largely prevailed on the two issues submitted for determination, and because Hassan stated that she devoted less than 10% of her efforts to the relief not obtained, the Court will reduce the amount of attorney’s fees to which Hassan is entitled for work performed on this proceeding by 9%. Accordingly, attorney’s fees totaling $15,406.66 (91% of $16,930.40) will be awarded for this proceeding. .
e.The Liriano Proceeding
In the due process hearing in this proceeding, plaintiff Liriano prevailed on one of two issues considered by the hearing officer. See Pis.’ Mot., Ex. 1 (Determinations) at 105, 109-11 (concluding that Liriano failed to meet her burden to establish that the District violated the IDEA by failing to conduct a functional behavioral assessment or develop a behavior intervention plan to address the student’s attendance issues during the 2012-2013 school year, but that the District did violate the IDEA by making certain changes to the student’s IEP in May 2013 that “were not reasonably calculated to confer educational benefit”). Hassan asserts that she has “carefully reviewed the bill and the rest of the file, and ... stricken entries from the bill that were devoted to the unsuccessful claims,” Pis.’ ■ Reply Br. at 14, and the record reflects ■ that she has stricken six
The preceding analysis shows that Has-san is entitled to the following amount of attorney’s fees for each of the seven proceedings:
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Hassan is therefore entitled to a grand total of $125,381.93 in attorney’s fees.
5. Remaining Arguments
The preceding analysis addresses most of the parties’ arguments. However, the Court has yet to address the plaintiffs’ request to order an attorney’s fee petition for the time reasonably expended in obtaining the attorney’s' fee award ordered by the Court. Further, the plaintiffs ask the Court to “order that the District pay an additional $4,000.00 for each delay of a month or part thereof in payment [of attorney’s fees],” Pis.’ Mem. at 14 (citation omitted), alleging that the District has a “long history of ignoring the timelines of orders for payment of attorneys’ fees,” id. (citations omitted).
The Court can readily dispose of these arguments. In accordance with Kaseman,
■ The Court declines, however, to consider the plaintiffs’ request to order the defendant to “pay an additional $4,000.00 for each delay of a month or part thereof in payment [of attorney’s fees],” Pis.’ Mem. at 14 (citation omitted), because this argument is “inadequately developed,” Westcott v. McHugh,
Furthermore, this argument would fail even if the Court considered it. The verified statements on which the plaintiffs apparently rely to buttress the assertion that the District has a “long history of ignoring the timelines of orders for payment of IDEA attorneys’ fees,” Pis.’ Mem. at 14
B. Juan Fernandez
The plaintiffs also seek to recover attorney’s fees for work performed by Juan Fernandez. The defendant argues that the plaintiffs “should not [be able to] bill the District for services rendered by an educational advocate or consultant,” Def.’s Mot. at 19 (citing Arlington,
[t]he District is correct regarding [] Fernandez’s recent status,, though [] Fernandez has now fixed that problem. But at almost all times relevant to this case, [ ] Fernandez was active as a dues-paying member. The [plaintiffs have now amended the bills to bill Mr. Fernandez at the paralegal rate for all other times.
Pis.’ Reply Br. at 15 (citations omitted).
In Arlington, the Supreme Court held that “the terms of the IDEA overwhelmingly support the conclusion that prevailing parents may not recover the costs of experts or consultants.”
Here, the plaintiffs’ own evidence shows that Fernandez acted-as-an educational advocate, including'testifying on behalf of the students, during six of the seven subject proceedings: See Pis.’ Mot., Ex. 1 (Determinations) at 20 (stating that Fernandez served as an “[a]dvocate” and a “[witness” during the Salmerón due process hearing); Pis.’ Reply Br., Ex. 3
The plaintiffs’ claim for attorney’s fees for work performed by Fernandez also fails because the Court -has already determined what constitutes a reasonable overall attorney’s .fee award in the several proceedings in this case. See supra at 177 (awarding Hassan $125,381.93 in attorney’s fees after a lengthy analysis). Admittedly, the Court’s analysis applied only to Has-san, while the invoice that the plaintiffs submitted to substantiate their request for attorney’s fees encompasses work performed by the “Hassan Law Firm.” See Pis.’ Facts at 1. The Court analyzed the plaintiffs’ request for attorney’s fees for work performed by Hassan separately, because doing so promoted clarity. Implicit in the Court’s analysis, however, is the fact that based upon the evidence before the Court, any additional hours billed by Has-san’s law firm, whether by Hassan or Fernandez, was unreasonable.
The plaintiffs request that Fernandez be reimbursed at a lower paralegal rate for work performed during the Everett proceeding, see Pis.’ Reply Br., Ex. 3 (Invoice) at 26-27, because he “was [not an] active ... dues-paying member” of the bar when he performed the services in that
IV. CONCLUSION
For the foregoing reasons, the Court grants in part and denies in part the plaintiffs’ motion for summary judgment and grants in part and denies in part the defendant’s cross-motion for summary judgment. Consequently, the defendant must pay the plaintiffs reasonable attorney’s fees in the amount of $125,381.93. Furthermore, the Court directs the parties to file supplemental briefing regarding whether the plaintiffs are entitled to additional attorney’s fees and costs incurred in connection with litigating the entitlement to these expenses, and if so, in what amounts. 13
SO ORDERED this 16th day of June, 2016.
Notes
. The plaintiffs are Catalina Salmerón, Janine Coleman, Kathryn Flythe, Koshi Wade, La-dine Everett, Tai Coates, and Icia Liriano.
. "Th[is] legislation was enacted as the Education of the Handicapped Act, title VI of Pub. L. 91-230, 84 Stat. 175, and was renamed the Individuals with Disabilities Education Act in 1990, see § 901(a)(3), Pub. L. 101-476, 104 Stat. 1142.” Forest Grove Sch. Dist. v. T.A.,
. In addition to the documents previously referenced, the Court considered the following submissions in reaching its decision: (1) the plaintiffs Amended Complaint for Attorney’s Fees and Costs ("Am. Compl.”); (2) the Plaintiffs’ Statement of Material Facts Not in Dispute ("Pis.’ Facts”); (3) the plaintiff’s Memorandum in Support of Plaintiffs’ Motion for Summary Judgment ("Pis.’ Mem.”); (4) the plaintiffs' Memorandum in Opposition to Cross-Motion for Summaty Judgment and Reply to Opposition to Motion for Summary Judgment ("Pis.’ Reply Br.”); (5) the Defendant's Response to Plaintiffs' Statement of Material Facts ("Def.'s Response to Pis.’ Facts"); (6) the Defendants’ Statement of Material Facts ("Def.'s Facts”); and (7) the defendant’s Reply in Further Support of its Cross-Motion for Summary Judgement ("Def.'s Reply Br.”).
, The Court’s research did not reveal any Circuit decisions outside of those of this Circuit discussing the propriety of using either Laffey Matrix in IDEA cases. Furthermore, while another District of Columbia Circuit case discusses the Laffey Matrix in the IDEA context, see generally Price v. District of Columbia,
. The Court also noted in Jay that the defendant "failed to respond to the plaintiff’s counsel’s overtures for an early resolution and did not respond to those attempts until the evening before the scheduled administrative hearing.”
. Hassan’s verified statements do not state that she charges her paying clients the full LSI Laffey rates. See generally Pis.’ Mot., Ex. 3 (First Hassan Statement); Pis.’ Reply Br., Ex. 1 (Verified Statement of Kiran Hassan
. See U.S. Dep’t of Justice, Laffey Mátrix-2003-2014, https://www.justice.gov/sites/ default/files/usao-dc/legacy/2013/09/09/Laffey_ . Matrix2014.pdf. The Court uses this version of the USAO Laffey Matrix because it was in effect at all times relevant to this case. See U.S, Dep't of Justice, USAO Attorney's Pees Matrix-2015-2016 at 2 n.4, https://www. justice.gov/usao-dc/file/796471/download.
. Hassan also states that she provided services in this proceeding in May 2012. Pis.’ Reply Br., Ex. 3 (Invoice) at 12, 15. However, as explained below, these billing entries are not sufficiently related to the Flythe proceeding to include them in Hassan’s billable hours for that proceeding. See infra at 172-73.
. Hassan also states that she provided services in this proceeding in May 2012. Pis.' Reply Br., Ex. 3 (Invoice) at 18. However, as explained below, these billing entries are- not sufficiently related to the Wade proceeding to include them in Hassan's billable hours for that proceeding. See infra at 173.
. The defendant does not assert that the plaintiffs in the Coleman and Flythe proceedings only partially prevailed on their due process complaints, see Def.’s Mem. at 15-19, presumably because consent orders were entered in these proceedings, see supra at 169. Therefore, the defendant is not asking the Court to reduce the attorney's fees awarded for these two proceedings based on partial success. See generally Def.'s Mem.
. The parties are encouraged to resolve this remaining matter through negotiations to avoid the possibility of generating additional attorney’s fees and costs resulting from the submissions of these additional filings.
. The plaintiffs appear to counter that Fernandez is entitled to reimbursement for work performed at the proceedings because he acted as an attorney, not an educational advocate. Cf Pis.’ Reply Br. at 15. But the description of the work Fernandez performed belies this assertion, as the act of testifying on behalf of a client is not typical of the role of an attorney. See United States v. Matsa,
. The Court shall contemporaneously issue an Order consistent with this Memorandum Opinion,
