Craig v. Metropolitan Police Department

197 F. Supp. 3d 268, 2016 U.S. Dist. LEXIS 92052
CourtDistrict Court, District of Columbia
DecidedJuly 15, 2016
DocketCivil Action No. 2011-1200
StatusPublished
Cited by23 cases

This text of 197 F. Supp. 3d 268 (Craig v. Metropolitan Police Department) 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
Craig v. Metropolitan Police Department, 197 F. Supp. 3d 268, 2016 U.S. Dist. LEXIS 92052 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART Plaintiff’s Motion for Fees and Costs and Granting in Part and Denying in Part Plaintiff’s Bill of Costs

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Plaintiff Joanne Craig brought an employment discrimination action against De *273 fendant the District of Columbia under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VIP), and the District of Columbia Human Rights Act, D.C. Code § 2-1401.01 et seq. (“DCHRA”). Following a trial, the jury-returned a verdict in favor of Ms. Craig, awarding her $20,000.00 in compensatory damages against the District. See Verdict Form, ECF No. 141. With the judgment now final, Ms. Craig seeks reimbursement of attorney’s fees and costs incurred in pursuing her successful claim. See Pl.’s Corr. Mot. Reas. Att’y’s Fees, Costs & Exp. at 1-4, ECF No. 149 (“Pl.’s Mot.”); see also Pl.’s Reply Def.’s Opp’n Mot. Reas. Att’y’s Fees & Costs at 1-2, ECF No. 158 (“Pl.’s Reply”). The District opposes Ms. Craig’s motion on the ground that the requested award is unreasonable and excessive. See Defi’s Opp’n PL’s Corr. Mot. Reas. Att’y’s Fees, Costs & Exp. at 1-12, ECF No. 151 (“Def.’s Opp’n”). Upon consideration of the parties’ filings, the Court concludes that only some of Ms. Craig’s requested fees and costs are reasonable. In this opinion, the Court will also address the District’s objections to Ms. Craig’s bill of costs,-and concludes that Ms. Craig has failed to justify certain aspects of her request.- Accordingly, the Court will grant in part and deny in part Ms. Craig’s motion for fees and costs and will grant in part and deny in part Ms. Craig’s bill of costs.

II. PROCEDURAL BACKGROUND

Plaintiff Ms. Craig brought this action after being subjected to a series of sexually charged and inappropriate comments over the course of her employment with the District of Columbia’s Metropolitan Police Department. 1 See Compl. at 2, ECF No. 1. After initially proceeding pro se, Ms. Craig retained counsel on October 26, 2011. See Cobbina Decl. ¶ 1, ECF No. 149-1. Thereafter, Ms. Craig filed her second amended complaint and set forth various employment discrimination claims under Title VII and the DCHRA. See 2d Amend. Compl. at 1-19, ECF No. 26.

In response, Defendants moved to dismiss the second amended complaint. The Court granted the motion as to Ms. Craig’s claims for unliquidated damages under the DCHRA and her Title VII claims against Commander Maupin. See Craig v. District of Columbia, 881 F.Supp.2d 26, 36 (D.D.C. 2012). The following claims remained: (1) sex discrimination by the District in violation of Title VII and the DCHRA, (2) sex discrimination by Commander Maupin in violation of the DCHRA, (3) retaliation by the District in violation of Title VII and the DCHRA, and (4) retaliation by Commander Maupin in violation of the DCHRA. See Craig v. District of Columbia, 74 F.Supp.3d 349, 359 (D.D.C.2014). After discovery, Defendants moved for summary judgment and prevailed on all claims except Ms. Craig’s discriminatory hostile work environment claim against the District under Title VII and the DCHRA. See id.

In May 2015, the case proceeded to trial. On the third day of trial, the Court declared a mistrial because of a medical emergency that arose with Ms. Craig’s counsel. See May 20, 2015 Minute Entry, In January 2016, a second trial commenced. See Jan. 11, 2016 Minute Entry. Ultimately, Ms. Craig prevailed at trial against the District and the jury awarded her $20,000.00 in damages. See Verdict Form.

Ms. Craig’s counsel has now filed a motion seeking attorney’s fees and costs for 985.30 hours of work in connection with *274 litigating and trying this case through entry of the judgment. 2 Ms. Craig’s counsel seeks $559,650.40 in fees based on an hourly rate of $568.00 per hour. See PL’s Reply Ex. 1 at 24, ECF No. 158-1. Ms. Craig’s initial fee motion failed to attach supporting documentation and billing invoices to support the requested fee award. See PL’s Mot. at 1-5. Thereafter, the District filed its opposition, emphasizing that omission. See Def.’s Opp’n at 1, 5-12. Despite Ms. Craig’s error, the Court accepted Ms. Craig’s reply to the District’s opposition, which included the necessary documentation and evidence to support her fee request, and sua sponte granted the District leave to file a surreply. 3 See Mar. 7, 2016 Minute Order. Separately, Ms. Craig submitted a bill of costs, seeking payment of $10,802.83 4 in costs for the following: $350.00 in filing fees, $7,567.91 in deposition transcripts and pretrial transcripts, $679.92 in witness fees, and $2,205.00 for summons and subpoena fees. See Bill of Costs, ECF. No. 150.

III. ANALYSIS

Resolving Ms. Craig’s motions requires an analysis of two distinct requests: her requests for reasonable attorney’s fees and costs, and her bill of costs. The Court will consider each in turn.

A. Plaintiffs Motion for Attorney’s Fees and Costs

1. Legal Standard

Federal Rule of Civil Procedure 54(d) requires a party seeking attorney’s fees and “related nontaxable expenses” to file a motion with the court. Fed. R. Civ. P. 54(d)(2)(A). The motion must “specify the judgment and the statute, rule, or other grounds entitling the movant to the award.” Id. It must also state the amount or provide a fair estimate of the award sought. Id.; see also Does I, II, III v. District of Columbia., 448 F.Supp.2d 137, 139-40 (D.D.C.2006).

Under Title VII, the court is authorized, in its discretion, to award “the prevailing party ... a reasonable attorney’s fee (including expert fees) as part of the costs.” 42 U.S.C. § 2000e-5(k). Generally, “[a] reasonable fee is one that is adequate to attract competent counsel, but that does not produce windfalls to attorneys.” West v. Potter, 717 F.3d 1030, 1033 (D.C.Cir.2013) (quoting Blum v. Stenson, 465 U.S.

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Bluebook (online)
197 F. Supp. 3d 268, 2016 U.S. Dist. LEXIS 92052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-metropolitan-police-department-dcd-2016.