Coffey v. Bureau of Land Mgmt.

316 F. Supp. 3d 168
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 14, 2018
DocketCivil Action No. 16–508 (JEB)
StatusPublished
Cited by5 cases

This text of 316 F. Supp. 3d 168 (Coffey v. Bureau of Land Mgmt.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coffey v. Bureau of Land Mgmt., 316 F. Supp. 3d 168 (D.C. Cir. 2018).

Opinion

II. Legal Standard

This Court has previously explained the legal standard at play in FOIA fee litigation:

FOIA provides that courts "may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case ... in which the complainant has substantially prevailed." 5 U.S.C. § 552(a)(4)(E)(i) ; see Brayton v. Office of the U.S. Trade Rep., 641 F.3d 521, 524 (D.C. Cir. 2011). "This language naturally divides the attorney-fee inquiry into two prongs, which our case law has long described as fee 'eligibility' and fee 'entitlement.' " Brayton, 641 F.3d at 524 (citing Judicial Watch, Inc. v. Dep't of Commerce, 470 F.3d 363, 368-69 (D.C. Cir. 2006) ). The Court, therefore, first decides whether [Plaintiff] AIC has "substantially prevailed" and is therefore "eligible" to receive fees. See id.; Judicial Watch, 470 F.3d at 368 ; Negley v. FBI, 818 F.Supp.2d 69, 73 (D.D.C. Oct. 11, 2011). If so, the Court must then "consider[ ] a variety of factors" to determine whether it is "entitled" to fees. Brayton, 641 F.3d at 524-25 ; Judicial Watch, 470 F.3d at 369 ; Davy v. CIA, 550 F.3d 1155, 1158 (D.C. Cir. 2008). Put another way, the *171Court will first determine whether AIC may receive fees; if so, it will then decide whether it should receive them. See Brayton, 641 F.3d at 524. Finally, upon determining that AIC is both eligible and entitled to fees, the Court must "analyze whether the amount of the fee request is reasonable." Elec. Privacy Info. Ctr. v. U.S. Dep't of Homeland Sec. (EPIC I), 811 F.Supp.2d 216, 237 (D.D.C. 2011).

Am. Immigration Council v. U.S. Dep't of Homeland Security, 82 F.Supp.3d 396, 402 (D.D.C. 2015).

III. Analysis

Fortunately for the reader, the Court need spend little time on most of these issues, as the parties do not dispute them. More specifically, BLM concedes that Coffey is both eligible and entitled to obtain fees here. See Opp. at 1. In moving next to the amount sought, the Court acknowledges that the "usual method of calculating reasonable attorney's fees is to multiply the hours reasonably expended in the litigation by a reasonable hourly fee, producing the 'lodestar' amount." Bd. of Trs. of Hotel and Rest. Emps. Local 25 v. JPR, Inc., 136 F.3d 794, 801 (D.C. Cir. 1998) (citing Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546, 564, 106 S.Ct. 3088, 92 L.Ed.2d 439 (1986) ). Once again, amity prevails on the issue of the appropriate hourly fee, as the Government does not challenge the rates Coffey submits. See ECF No. 35 (Notice) at 1. What is left? The question of time. Or, to put it less philosophically, the propriety of the number of hours expended.

In asserting that Plaintiff has overreached here, BLM cites several specific points, concluding with a broader argument that much of the time spent was excessive. The Court, too, will start with the specific and move to the general.

Defendant first complains of insufficiently detailed time records and, more specifically, several examples of block billing. See Opp. at 10-11. While block billing is certainly disfavored, the three selected entries deal with minimal time periods (.2, .2, and .6 hours) and typically conflate but two tasks; as a result, the Court "declines ... to engage in the kind of nitpicking invited by [such] smaller-scale objections." AIC, 82 F.Supp.3d at 411 (citation and internal quotation marks omitted).

BLM next points to certain entries that do not seem appropriate-for example, ones that describe tasks that relate to filings that occurred earlier than the entry-and thus call into question the contemporaneity of counsel's timekeeping. See Opp. at 12-13. In the Second Supplemental Declaration of C. Peter Sorensen, attached to Plaintiff's Reply, Coffey's counsel acknowledges some inadvertent errors and deducts them from a recalculation of the fees sought. See ECF No. 37-1 at 3-5. In fact, the amount claimed for the litigation and the initial fees Motion dropped by about $9,000 from approximately $115,000 to $106,000. The Court does not infer from these isolated mistakes that counsel's timekeeping was generally not contemporaneous.

On a related note, the Government contends that counsel cannot recover fees for tasks related to timekeeping itself. See Opp. at 14 (citing EPIC v. U.S. Dep't of Homeland Security, 218 F.Supp.3d 27, 52 (D.D.C.

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