A.B. Ex Rel. Holmes-Rramsey v. District of Columbia

19 F. Supp. 3d 201, 2014 WL 346058, 2014 U.S. Dist. LEXIS 12093
CourtDistrict Court, District of Columbia
DecidedJanuary 31, 2014
DocketCivil Action No. 2010-1283
StatusPublished
Cited by7 cases

This text of 19 F. Supp. 3d 201 (A.B. Ex Rel. Holmes-Rramsey v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.B. Ex Rel. Holmes-Rramsey v. District of Columbia, 19 F. Supp. 3d 201, 2014 WL 346058, 2014 U.S. Dist. LEXIS 12093 (D.D.C. 2014).

Opinion

MEMORANDUM OPINION

AMY BERMAN JACKSON United States District Judge

Plaintiffs Ebony R. Holmes-Ramsey and A.B., Ms. Holmes-Ramsey’s minor child, filed a motion seeking attorneys’ fees and costs in the amount of $140,019.94 pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1415(i)(3)(B) (2012), for work completed in the'underlying litigation. 1 Pis.’ Mot. for an Award of Attys’ Fees & Costs (“Pis.’ Mot.”) [Dkt. # 52]. Defendant opposed the motion, arguing that although plaintiffs are “prevailing parties” within the meaning of section 1415 (i) (3) (B), they are not entitled to the entire amount of the fees requested. Def.’s Mem. in Opp. to Pis.’ Mot. (“Def.’s Opp.”) [Dkt. # 56].

On May 10, 2013, the Court referred the matter to a Magistrate Judge pursuant to Federal Rule of Civil Procedure 72(a) and Local Rule 72.2(a). May 10, 2013 Order [Dkt. # 53]. The Magistrate Judge issued a Report and Recommendation, finding that although plaintiffs were a “prevailing party” within the meaning of section 1415(i)(3)(B) on some aspect of their case, they are only entitled to $37,133.70 in attorneys’ fees and costs. Aug. 6, 2013 Report and Recommendation on Mot. for At-tys’ Fees (“Attys’ Fees Report”) at 14 [Dkt. # 60]. Plaintiffs filed timely written objections to the Magistrate Judge’s Report and Recommendation, Pis.’ Objection to Attys’ Fees Report (“Pis.’ Object.”) [Dkt. #61], and defendant filed a response. Def.’s Resp. to Pis.’ Object. [Dkt. # 62], Defendant did not object to *204 any part of the Report and Recommendation.

After careful review of the Report and Recommendation, plaintiffs’ objections, and defendant’s response to plaintiffs’ objections, the Court will adopt the Magistrate Judge’s Report and Recommendation except to the extent that it reduces the applicable hourly rate set by the Laffey matrix by 25%. The Court will therefore grant plaintiffs’ motion for attorneys’ fees and costs in part and deny it in part, and will enter judgment in the amount of $49,432.12.

BACKGROUND

I. Statutory Background

Generally, parties bear their own litigation expenses, including the fees paid to an attorney, regardless of whether they win or lose. Fox v. Vice, — U.S. -, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011); Alyeska Pipeline Serv. Co. v. Wilderness Soc’y, 421 U.S. 240, 247, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975). But in some circumstances, Congress has provided “express statutory authorization to the contrary,” creating what has come to be known as “fee-shifting provisions.” Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), citing Alyeska Pipeline, 421 U.S. at 240, 95 S.Ct. 1612. The IDEA contains a fee-shifting provision. See 20 U.S.C. § 1415(i)(3)(B).

Section 1415(i)(3)(B) of that Act provides that this Court has the discretion to “award reasonable attorneys’ fees as part of the costs to a prevailing party who is the parent of a child with a disability.” Id. In other words, if the plaintiff seeking attorneys’ fees is a prevailing party, the Court must determine whether the attorneys’ fees are reasonable. Jackson v. District of Columbia, 696 F.Supp.2d 97, 101 (D.D.C.2010). Courts typically determine the reasonableness of attorneys’ fees based on the “number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.” Id., quoting Hensley, 461 U.S. at 433, 103 S.Ct. 1933.

The plaintiff bears the burden of establishing both the reasonableness of the hourly rate and the reasonableness of the number of hours spent on a particular task. Blum v. Stenson, 465 U.S. 886, 896 n. 11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984); Covington v. District of Columbia, 57 F.3d 1101, 1107 (D.C.Cir.1995); In re North, 59 F.3d 184, 189 (D.C.Cir.1995). To show the reasonableness of the hourly rates, plaintiff “must submit evidence on at least three fronts: ‘the attorneys’ billing practices; the attorneys’ skill, experience, and reputation; and the prevailing market rates in the relevant community.’ ” Jackson, 696 F.Supp.2d at 101, quoting Covington, 57 F.3d at 1107. To show the reasonableness of hours spent on a task, plaintiff may submit an “invoice that is sufficiently detailed to ‘permit the District Court to make an independent determination whether or not the hours claimed are justified.’ ” Holbrook v. District of Columbia, 305 F.Supp.2d 41, 45 (D.D.C.2004), quoting Nat’l Ass’n of Concerned Veterans v. Sec’y of Defense, 675 F.2d 1319, 1327 (D.C.Cir.1982).

II. Factual Background 2

Plaintiff A.B. is a minor residing in the District of Columbia and has been diag *205 nosed as having special needs. District of Columbia Public Schools (“DCPS”) evaluated A.B. for the first time in July of 2009, right before A.B.’s fourth birthday. The school district proposed an Individualized Education Plan (“IEP”) on October 7, 2009, but it was never implemented because A.B.’s mother — plaintiff Holmes— Ramsey — felt that the proposed services and placement would not adequately address A.B.’s needs. After securing independent evaluations of A.B. by a speech pathologist and a clinical psychologist, A.B.’s mother filed a due process complaint on March 19, 2010, alleging that DCPS violated the IDEA and the McKinney-Vento Homelessness Act, 42 U.S.C. § 11301 et seq. A due process hearing was held on April 21-22, 2010, and the hearing officer issued his decision on May 1, 2010 (“first HOD”), concluding that the sole violation of A.B.’s rights was DCPS’s failure to identify her as a child with disabilities prior to her third birthday.

On July 2, 2010, DCPS convened an IEP meeting to review and revise A.B.’s IEP, and it increased the level of services she would receive. A.B.’s mother, however, was concerned that the IEP was still not adequate, and she filed a second due process complaint on August 13, 2010. The second due process hearing was held in October 2010, and the hearing officer issued a decision on November 2, 2010 (“second HOD”), finding in favor of plaintiffs only on their claim that DCPS failed to fully implement the remedy underlying the first HOD by failing to provide A.B. with transportation to a summer speech camp.

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Bluebook (online)
19 F. Supp. 3d 201, 2014 WL 346058, 2014 U.S. Dist. LEXIS 12093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ab-ex-rel-holmes-rramsey-v-district-of-columbia-dcd-2014.