Desena v. Lepage

847 F. Supp. 2d 207, 2012 WL 956013, 2012 U.S. Dist. LEXIS 38360
CourtDistrict Court, D. Maine
DecidedMarch 21, 2012
DocketNo. 1:11-cv-117-GZS-DBH-BMS
StatusPublished
Cited by10 cases

This text of 847 F. Supp. 2d 207 (Desena v. Lepage) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Desena v. Lepage, 847 F. Supp. 2d 207, 2012 WL 956013, 2012 U.S. Dist. LEXIS 38360 (D. Me. 2012).

Opinion

ORDER ON MOTION FOR ATTORNEY FEES & COSTS

BRUCE M. SELYA, Circuit Judge, GEORGE Z. SINGAL, District Judge, and D. BROCK HORNBY, District Judge.

Before the Court is Plaintiffs’ Motion for Award of Attorney Fees and Costs (Docket #49). As explained herein, the three judge panel GRANTS IN PART and DENIES IN PART the Motion.

I. LEGAL STANDARD

42 U.S.C. § 1988 allows the Court to award “a reasonable attorney’s fee as part of the costs” to “any prevailing party” in a case involving the vindication of civil rights, which necessarily includes this case in which Plaintiffs prevailed on their claim that the apportionment of Maine’s congressional districts was unconstitutional.

As the Supreme Court recently (and unanimously) reiterated in Fox v. Vice, — U.S. -, 181 S.Ct. 2205, 180 L.Ed.2d 45 (2011):

A civil rights plaintiff who obtains meaningful relief has corrected a violation of federal law and, in so doing, has vindicated Congress’s statutory purposes. That ‘result is what matters,’ ... A court should compensate the plaintiff for the time his attorney reasonably spent in achieving the favorable outcome, even if ‘the plaintiff failed to prevail on every contention.’ The fee award, of course, should not reimburse the plaintiff for work performed on claims that bore no relation to the grant of relief: Such work ‘cannot be deemed to have been expended in pursuit of the ultimate result achieved.’

Id. at 2214 (quoting and citing Hensley v. Eckerhart, 461 U.S. 424, 435, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983)) (internal citations omitted).

The calculus of what award the Court will approve initially requires a determination of the appropriate “lodestar,” which is “the product of the number of hours appropriately worked times a reasonable hourly rate or rates.” Hutchinson v. Pat[210]*210rick, 636 F.3d 1, 13 (1st Cir.2011). The party seeking the fee award bears the burden of providing the Court with the materials necessary to construct the lodestar. Id. This includes the “burden of establishing the prevailing hourly rate (or schedule of rates) in the community for the performance of similar legal services by comparably credentialed counsel.” Id. at 16. In determining the number of hours that were appropriately worked, the Court must subtract “duplicative, unproductive, or excessive hours.” Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 295 (1st Cir.2001). “Finally, the trial court has the discretion to adjust the lodestar itself upwards or downwards based on several different factors, including the results obtained, and the time and labor required for the efficacious handling of the matter.” De Jesus Nazario v. Rodriguez, 554 F.3d 196, 207 (1st Cir.2009) (citing Torres-Rivera v. O’Neill-Cancel, 524 F.3d 331, 336 (1st Cir.2008)).

II. DISCUSSION

The Court need not repeat the facts of this case, which are detailed for interested readers in the panel’s June 21, 2011 Memorandum and Order (Docket # 33). See Desena v. Maine, 793 F.Supp.2d 456, 457-59 (D.Me.2011). Following the issuance of that order, Defendants completed the required redistricting through an expedited legislative process, which concluded with the Governor signing L.D. 1590 on September 28, 2011. See Act to Reapportion the Congressional Districts, P.L. 2011, ch. 466 (emergency, effective Sept. 28, 2011). The Court then proceeded to enter judgment in favor of Plaintiffs on November 1, 2011 without ordering any further relief.

Via the pending motion for attorney’s fees and costs, Plaintiffs seek an award in excess of $150,000.1 The State Defendants respond by acknowledging that “plaintiffs are entitled to fees as successful litigants.” (State Defs. Response (Docket # 53) at 18.) Nonetheless, they seek to have the amount of any award decreased on numerous bases and ultimately recommend that the reasonable award should total $47,406.22. The Maine Democratic Party, which participated in this case as an intervenor (without objection from either Plaintiffs or Defendants), has also filed a response in which it briefly argues that, as an intervenor, it should not be required to pay any of the requested fees. Alternatively, the Maine Democratic Party asks for an additional opportunity to respond to the particulars of Plaintiffs’ request if the Court is considering requiring the Intervenor to pay any of the requested fees and costs.

A. Determination of the Lodestar

Before turning to the necessary examination of the hours and rates of each member of Plaintiffs’ litigation team, the Court initially addresses the objection that the overall staffing was excessive. As Defendants note, one local attorney, Attorney Woodcock, entered an appearance for Plaintiffs in this matter. As is clear on the current submission, Attorney Woodcock’s work received support from a paralegal at his firm as well as significant support from the firm of Baker & Hostetler LLP (“Baker Hostetler”). The mere fact that the four attorneys from Baker Hostetler were not listed as attorneys of record does not prevent the Court from awarding fees for their work in this case. Nonetheless; the State Defendants argue that five attor[211]*211neys, one expert and one paralegal amount to overstaffing of a single-issue case. In support of this argument, Defendants note that they staffed the case with two generally experienced attorneys. Ultimately, “[e]verything turns' on the reasonableness of the staffing patterns employed and the overall time spent.” Hutchinson, 636 F.3d at 14. In this case, the Court believes that Plaintiffs’ overall staffing pattern was excessive, resulting in the billing of duplicative and unproductive hours. Therefore, the Court will examine the billing records submitted with an eye towards deducting hours that reflect this overstaffing.

1. Expert Clark Bensen

In responding to the fee request, the State Defendants press the Court to deny entirely the portion of the fee request attributed to Clark Bensen of Polidata LLC. Mr. Bensen is an “attorney by training and a data analyst by practice.” (Ex. D to Reply (Docket # 58-4) at Page ID 483.) The Bensen invoice attached to the initial motion indicates that Mr. Bensen billed a total of 20.75 hours at a rate of $300 an hour for a total requested sum of $6,225.00. (See Ex. 2A to Woodcock Decl. (Docket # 49-1) at Page ID 355.) Mr. Bensen’s detailed billing record indicates that he began billing time to this matter on March 16, 2011 with a final entry on July 11, 2011. Austere descriptions account for these hours as “review,” “conf. call,” or “phone calls.” (See id. at Page ID 356-57.)

On the record presented, the Court concludes that Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
847 F. Supp. 2d 207, 2012 WL 956013, 2012 U.S. Dist. LEXIS 38360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desena-v-lepage-med-2012.