Cleveland Area Board of Realtors v. City of Euclid

965 F. Supp. 1017, 1997 U.S. Dist. LEXIS 7628, 1997 WL 291862
CourtDistrict Court, N.D. Ohio
DecidedMay 30, 1997
Docket1:92CV2714
StatusPublished
Cited by26 cases

This text of 965 F. Supp. 1017 (Cleveland Area Board of Realtors v. City of Euclid) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cleveland Area Board of Realtors v. City of Euclid, 965 F. Supp. 1017, 1997 U.S. Dist. LEXIS 7628, 1997 WL 291862 (N.D. Ohio 1997).

Opinion

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

Before the Court is plaintiffs’ motion for attorneys’ fees and costs in the amount of $390,078.71. For the reasons stated below, the Court grants the motion in the amount of $308,825.70. 1

*1019 I.

The Cleveland Board of Realtors (“CABOR”), Acacia Realty Professionals, Inc., Mary Jane Balazs, Brickman & Associates Realty, Inc., Century 21 Leo Baur Realtors, HRI, Inc. d/b/a Hilltop Realty, Frank J. Jochum d/b/a Frank J. Joehum Realty, and John Miller (collectively “CABOR”) brought this action against the City of Euclid, Ohio (“Euclid”), challenging the constitutionality of three Euclid ordinances regulating the size, number and placement of commercial and noncommercial signs on residential property. On September 29, 1993, after a ten day bench trial, this Court found that the ordinances violated the first amendment, and permanently enjoined their enforcement. Cleveland Area Bd. of Realtors v. City of Euclid, 833 F.Supp. 1253 (N.D.Ohio 1993). On July 8, 1996, the Sixth Circuit affirmed this Court’s judgment, and on September 19, 1996, denied Euclid’s petition for rehearing. Cleveland Area Bd. of Realtors v. City of Euclid, 88 F.3d 382 (6th Cir.1996).

On October 11, 1996, CABOR filed this motion for attorneys’ fees and costs, pursuant to 42 U.S.C. § 1988 and Rule 54(d) of the Federal Rules of Civil Procedure. CABOR seeks attorneys’ fees in the amount of $341,-673.74 and costs in the amount of $48,404.97, as well as additional fees incurred after September 30, 1996 in connection with the current motion. 2

II.

In any action to enforce 42 U.S.C. § 1983, “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. “If a plaintiff prevails in a suit covered by § 1988, fees should be awarded as costs ‘unless special circumstances would render such an award unjust.’” Kentucky v. Graham, 473 U.S. 159, 164, 105 S.Ct. 3099, 3104, 87 L.Ed.2d 114 (1985) (citations omitted).

The amount- of the fee awarded necessarily depends upon the facts of each case. Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983). A district court arrives at a reasonable fee by multiplying the “number of hours reasonably expended on the litigation” by a reasonable hourly rate. Id. at 433, 103 S.Ct. at 1939. 3 This calculation is based on the rates and practices “prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” Missouri v. Jenkins, 491 U.S. 274, 286, 109 S.Ct. 2463, 2470, 105 L.Ed.2d 229 (1989) (citing Blum, 465 U.S. at 896 n. 11, 104 S.Ct. at 1547 n. 11). Any hours that were not reasonably expended are excluded from the calculation. Hensley, 461 U.S. at 434, 103 S.Ct. at 1939-40. The party seeking the award has the burden of submitting evidence supporting the hours and rates claimed. Id. at 433, 103 S.Ct. at 1939.

A. Fees

GABOR seeks the following fees in connection with its retention of the Cleveland law firm of Hahn Loeser & Parks (“Hahn Loeser”) in this matter:

Trial level (roughly from October 1, 1992 — September 30, 1993):
Attorneys
RJ Fogarty: 328.20 hrs. @ 205-215/hr = 69,985.00
AM Kaufman: 701.10 hrs. @ 125-130/hr = 90,682.00
RM Kochis: 946.09 hrs. @ 95-100/hr = 93,763.00
MT Cawley: 135.10 hrs. @ 95-100/hr = 13,041.00
*1020 Paralegals
SÁ Jarosz: 31.60 hrs. 83/hr 2,622.80
NS Prodan: 266.80hrs. 80-83/hr 22,060.40
HD Neubert: 14.80hrs. 78/hr 1,154.40
ED Tropf: JE Grim: 15.30 hrs. 49.50 hrs. 75-78/hr 73/hr 1,191.60 3,613.50
TOTAL for trial level: 2,489.30 hrs. $298,113.70
Appellate Level (fixed fee arrangements) Preparation of initial appellate briefs/oral argument: 30,000.00
Post appeal brief in opposition to briefs of Amici municipal associations: 5,000.00
Brief in opposition to Euclid’s petition for rehearing: 5,000.00
Additional mise, fees: 3,560.04
TOTAL for appellate level: $43,560.04

Euclid contends, first, that this request should be denied outright because it is shocking to the conscience. This Court, however, does not find the request shocking in light of the nature and length of this litigation, and therefore moves on to Euclid’s second contention: that the fees should be reduced. Euclid asserts five main grounds for reducing the fees requested by CABOR. 4

First, Euclid argues that time spent on three of the four claims asserted in the complaint should be discounted because CA-BOR did not prevail on those claims. In ruling for CABOR on its first amendment claim, this Court did not reach the three alternative theories asserted by CABOR. This does not justify a reduction of fees, however, because the three alternative claims were based on the same set of facts as the first amendment claim, on which CABOR fully prevailed. See Hensley, 461 U.S. at 435, 103 S.Ct. at 1940 (lawsuit asserting related legal theories based on a common core of facts “cannot be viewed as a series of discrete claims”). Rather,

[i]n these circumstances the fee award should not be reduced simply because the plaintiff failed to prevail on every contention raised in the lawsuit. Litigants in good faith may raise alternative grounds for a desired outcome, and the court’s rejection or failure to reach certain grounds is not a sufficient reason for reducing a fee. The result is what matters.

Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mueller Brass Co. v. Crompton
W.D. Tennessee, 2025
Bojicic v. DeWine
N.D. Ohio, 2024
Amber Gascho v. Global Fitness Holdings, LLC
822 F.3d 269 (Sixth Circuit, 2016)
John Smith v. Servicemaster Holding Corp.
592 F. App'x 363 (Sixth Circuit, 2014)
Potter v. Blue Cross Blue Shield of Michigan
10 F. Supp. 3d 737 (E.D. Michigan, 2014)
YULE v. Jones
766 F. Supp. 2d 1333 (N.D. Georgia, 2010)
Corbis Corp. v. Starr
719 F. Supp. 2d 843 (N.D. Ohio, 2010)
Wasniewski v. Grzelak-Johannsen
549 F. Supp. 2d 965 (N.D. Ohio, 2008)
Imwalle v. Reliance Medical
Sixth Circuit, 2008
Imwalle v. Reliance Medical Products, Inc.
515 F.3d 531 (Sixth Circuit, 2008)
SANDUSKY COUNTY v. Blackwell
361 F. Supp. 2d 688 (N.D. Ohio, 2005)
Doe Ex Rel. Doe v. Keala
361 F. Supp. 2d 1171 (D. Hawaii, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
965 F. Supp. 1017, 1997 U.S. Dist. LEXIS 7628, 1997 WL 291862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleveland-area-board-of-realtors-v-city-of-euclid-ohnd-1997.