Cofino-Hernandez v. Puerto Rico

230 F. Supp. 3d 69, 2017 WL 444845, 2017 U.S. Dist. LEXIS 15663
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 2, 2017
DocketCIVIL NO. 16-1366 (PG)
StatusPublished

This text of 230 F. Supp. 3d 69 (Cofino-Hernandez v. Puerto Rico) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cofino-Hernandez v. Puerto Rico, 230 F. Supp. 3d 69, 2017 WL 444845, 2017 U.S. Dist. LEXIS 15663 (prd 2017).

Opinion

OPINION AND ORDER

JUAN M. PEREZ-GIMENEZ, SENIOR U.S. DISTRICT JUDGE

After securing a favorable ruling from the Department of Education of Puerto Rico (“DOE”) in administrative case number 2013-114-034, Rina Cofino Hernandez (hereinafter, the “Plaintiff’ or “Cofino”) filed this action against the Commonwealth of Puerto Rico on her behalf and that of her son, minor FLC, pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1415 et seq. See Docket No. 1. Cofino requested in her complaint that the court enforce the ruling of the administrative forum by means of a preliminary and permanent injunction ordering the DOE to reimburse the plaintiffs for the costs associated with providing FLC with the academic and related services he is entitled to. On June 2, 2016, the parties filed a Stipulation pursuant to which the parties agreed that the DOE would pay the plaintiffs the requested amounts. See Docket No. 20. As a result, the court entered judgment dismissing the plaintiffs’ claims.

As prevailing parties pursuant to the IDEA’S attorney’s fees provision, the plaintiffs also request that the DOE be ordered to pay the attorneys’ fees incurred both as a result of litigating the instant case and of prosecuting their case at the administrative level. See Dockets No. 1, 27. The plaintiffs seek an award of $5,240 in attorney’s fees. See Docket No. 27. The defendant’s untimely opposition was stricken from the record, see Docket No. 35, and thus, the attorneys’ fees petition stands unopposed. After review, the court GRANTS plaintiffs’ motion for attorneys’ fees for the reasons explained below.

I. BACKGROUND

Plaintiff Cofino is the mother and legal guardian of FLC, a minor student with disabilities under IDEA. The complaint states that as a child with educational disabilities, FLC is qualified under federal and state law to receive academic and related services provided by the public education system, which the DOE administers.1 See Docket No. 1. On August 29, 2013, Cofino filed an administrative complaint before the DOE requesting reimbursement of the private school tuition fees they had paid. After a hearing, the DOE’s administrative law judge (ALJ) ordered the DOE to reimburse FLC’s parents the amounts paid for the educational services the minor had received so far during the 2013-2014 academic year, as well as for the purchase of services for the remainder of the academic year. See kl at ¶¶ 25-27. ,

The DOE did not comply with the ALJ’s order. As a result, the plaintiffs filed the above-captioned complaint seeking its enforcement, reimbursement of the educational expenses incurred, as well as attorneys’ fees under § 1415 (i) (3) (B) of the IDEA. In their motion, the plaintiffs submitted invoices setting forth the hours expended by attorneys Jose Torres Valentin2 (“attorney Torres”) and Juan Nieves [72]*72Gonzalez (“attorney Nieves”), calculated at an hourly rate of $100 for each attorney, for a total of $5,240 in attorneys’ fees. See Docket No. 27.

II. DISCUSSION

A. Attorney’s Fees under IDEA

Per the so-called “American Rule,” litigants must generally bear their own fees and costs absent explicit statutory authority. See Baker Botts L.L.P. v. ASARCO LLC, — U.S.—, 135 S.Ct. 2158, 2164, 192 L.Ed.2d 208 (2015); Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 602, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). However, Congress has created an exception for prevailing parties in IDEA cases, authorizing an award of attorney’s fees as part of the costs. 20 U.S.C. § 1415(i)(3)(B); see also Maine Sch. Adm. Dist. No. 35 v. Mr. R., 321 F.3d 9, 14 (1st Cir.2003)(noting that “Congress sometimes chooses to allow for fee-shifting in particular situations, and it chose to dp' so in connection with the IDEA.”). In pertinent part, IDEA provides that the court “in its discretion may award reasonable attorney’s fees as part of the costs—to a prevailing party who is the parent of a child with a disability.” 20 U.S.C. § 1415(i)(3)(B).

A party achieves “prevailing party” status under IDEA where there is (1) a material alteration of the legal relationship between the parties; (2) actual relief on the merits for the party seeking attorney’s fees; (3) a judicial imprimatur on the change. See Smith v. Fitchburg Pub. Sch., 401 F.3d 16, 22 (1st Cir.2005); Doe v. Boston Pub. Sch., 358 F.3d 20, 29-30 (1st Cir.2004)(holding that the Buckhannon fee-shifting provision applies to IDEA); Rodriguez v. Puerto Rico, 764 F.Supp.2d 338, 342 (D.P.R.2011)(citation omitted); see also Davis v. District of Columbia, 71 F.Supp.3d 141, 147 (D.D.C.2014)(stating that the Buckhannon standard applies to administrative hearings under IDEA even though the relief granted is administrative and not judicial).

Here, it is undisputed that the plaintiffs obtained a favorable ruling and relief on the merits via the final resolution issued in administrative case number 2013-114-034. See Docket No. 1-7. The defendant does not challenge this allegation. See Answer to Complaint, Docket No. 11. The plaintiffs were also able to expeditiously reach an agreement in the above-captioned jucjicial proceedings, whereby the DOE agreed to make the requested payments to the plaintiffs. See Docket No. 20. Accordingly, the plaintiffs possess prevailing party status within the meaning of Section 1415(i)(3)(B) and an award of reasonable attorneys’ fees in their favor is appropriate. The court notes, however, that “although Plaintiffs motion for attorney fees is unopposed, the Court is not relieved of its duty of making sure that the amount requested by Plaintiff is reasonable.” Michel-Ramos v. Arroyo-Santiago, 493 F.Supp.2d 249, 253 (D.P.R. 2007).

B. Lodestar Calculation

Once the party seeking attorney’s fees comes across the prevailing party threshold, the court must determine the reasonable fee. See Comm’r, INS v. Jean, 496 U.S. 154, 161, 110 S.Ct. 2316, 110 L.Ed.2d 134 (1990). In a fee-shifting case such as the instant one, the court follows the lodestar method for determining the reasonable amount of a fee award. See Diaz v. Jiten Hotel Management, Inc., 741 F.3d 170, 173 n. 1 (1st. Cir.2013)(citations and internal quotation marks omitted). “The lodestar is the product of the hours reasonably worked times the reasonably hourly rate(s).” Gross v. Sun Life Assur. Co. of Canada, 763 F.3d 73, 86 (1st Cir.2014)(citation and internal quotation marks omitted). “In crafting its lodestar, [73]

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Cite This Page — Counsel Stack

Bluebook (online)
230 F. Supp. 3d 69, 2017 WL 444845, 2017 U.S. Dist. LEXIS 15663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cofino-hernandez-v-puerto-rico-prd-2017.