FALMOUTH SCHOOL DEPARTMENT v. MR AND MRS DOE

CourtDistrict Court, D. Maine
DecidedFebruary 17, 2023
Docket2:20-cv-00214
StatusUnknown

This text of FALMOUTH SCHOOL DEPARTMENT v. MR AND MRS DOE (FALMOUTH SCHOOL DEPARTMENT v. MR AND MRS DOE) 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
FALMOUTH SCHOOL DEPARTMENT v. MR AND MRS DOE, (D. Me. 2023).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

FALMOUTH SCHOOL DEPARTMENT, ) ) Plaintiff, ) ) v. ) Docket no. 2:20-cv-00214-GZS ) MR. & MRS. DOE, on their own behalf ) and on behalf of their minor son, JOHN ) DOE, ) ) Defendants. )

ORDER ON ATTORNEYS’ FEES

Before the Court is the Motion for Attorneys’ Fees and Expenses (ECF No. 57) filed by Defendants Mr. & Mrs. Doe (“Does” or “Defendants”). As explained herein, the Court GRANTS IN PART the Motion. I. LEGAL STANDARD The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., allows for the award of attorneys’ fees to the parent of a child with a disability who is a “prevailing party” in an IDEA appeal. See 20 U.S.C. § 1415(i)(3)(B)(i)(I). “To qualify as a prevailing party, a litigant must demonstrate that: (1) He obtained relief on a significant claim in the litigation; (2) such relief effected a material alteration in his legal relationship with the [school district]; and (3) the alteration is not merely technical or de minimis in nature.” Kathleen H. v. Massachusetts Dep’t of Educ., 154 F.3d 8, 14 (1st Cir. 1998). Once it is determined that an IDEA litigant is a prevailing party, the Court determines the appropriate fee award by looking to the “prevailing party principles from § 1988 cases” in addition to the IDEA statute. C. v. Maine Sch. Admin. Dist. No. 6, 582 F. Supp. 2d 65, 67 (D. Me. 2008). The IDEA directs the Court to award attorneys’ fees “based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished.” 20 U.S.C. § 1415(i)(3)(C). In practice, the amount of the fee award is set by calculating the “lodestar amount,” which “requires two steps”: (1) the determination of “the number of hours

reasonably expended by the attorneys for the prevailing party, excluding those hours that are excessive, redundant, or otherwise unnecessary,” and (2) the identification of “a reasonable hourly rate or rates — a determination that is often benchmarked to the prevailing rates in the community for lawyers of like qualifications, experience, and competence.” Perez-Sosa v. Garland, 22 F.4th 312, 321 (1st Cir. 2022) (cleaned up). Then, the Court multiplies these figures to yield the lodestar amount. See id. After this calculation is complete, the Court must consider “whether any portion of this fee should be adjusted upwards or downwards, based upon ‘the degree of success obtained.’” SD v. Portland Pub. Sch., No. 2:13-CV-00152-JDL, 2014 WL 7046190, at *2 (D. Me. Dec. 11, 2014) (quoting Hensley v. Eckerhart, 461 U.S. 424, 435-36 (1983)). Ultimately, the prevailing party seeking an award of attorneys’ fees bears the burden of

establishing a reasonable fee award. See Hensley, 461 U.S. at 437. However, as the Supreme Court has noted, fee requests “should not result in a second major litigation,” id., and the “goal in shifting fees (to either party) is to do rough justice, not to achieve auditing perfection,” Fox v. Vice, 563 U.S. 826, 838 (2011). II. DISCUSSION Rather than restate the underlying facts and procedural history, the Court incorporates the factual findings contained in its earlier decision in this matter. See Falmouth Sch. Dep’t v. Doe, No. 2:20-CV-00214-GZS, 2021 WL 4476939, at *1-8 (D. Me. Sept. 29, 2021) (affirming the 4/11/2020 administrative decision). Additionally, the procedural history of this matter was recounted by the First Circuit in their decision affirming this Court’s just-cited ruling. See Falmouth Sch. Dep’t v. Doe, 44 F.4th 23, 30-36 (1st Cir. 2022). In January 2019, the Does retained Attorney O’Meara and his firm, Murray, Plumb & Murray, to represent them in connection with the dispute that gave rise to this IDEA litigation.

Having won significant relief at the administrative hearing level, which was affirmed by this Court and the First Circuit, the Does now seek a fee award totaling $187,979.251 as well as costs totaling $4,495.57. Plaintiff Falmouth School Department (“Falmouth”) does not dispute that the Does are a prevailing party and qualify for a fee award. However, Falmouth presents multiple objections to the Does’ requested amounts, suggesting the Court should award fees for the underlying litigation of no more than $100,011.33 and associated costs of $1,498.52. (See Pl. Response (ECF No. 58), PageID # 690.) To resolve these objections, the Court initially focuses on a calculation of the lodestar amount. A. Hourly Rates

In their submission to the Court, the Does request reimbursement for work performed by Attorney O’Meara at a rate of $435 an hour. As explained in his Declaration (ECF No. 57-1), Attorney O’Meara has approximately thirty-five years of litigation experience and significant experience litigating IDEA cases. (See O’Meara Decl., PageID # 536.) In support of Attorney O’Meara’s requested rate, the Does have also provided declarations from Attorney Jeffrey Neil Young (ECF No. 57-3) and Attorney James Clifford (ECF No. 57-4). Both counsel attest to Attorney O’Meara’s experience and reputation in the area of IDEA cases. (See Young Decl., PageID # 667

1 This amount reflects a total fee for the underlying litigation of $182,069.25, plus an additional $4,260 fee associated with preparation of the Motion for Attorneys’ Fees (ECF No. 57) and $1,650 fee associated with preparation of the Reply (ECF No. 61). See ECF No. 57-2, PageID #s 662-64 & ECF No. 61, PageID # 703. & Clifford Decl., PageID # 670.) Attorney Young also attests that the 2020 billings rates for similarly experienced Maine attorneys at local firms was in excess of $500 an hour. (See Young Decl., PageID # 668.) Attorney Clifford describes O’Meara’s requested hourly rate as “very reasonable in the Portland market” given his “reputation and skills” related to IDEA cases. (Clifford

Decl., PageID # 671.) As a Maine attorney with approximately 25 years of experience, Attorney Clifford indicates that his present hourly rate for IDEA cases is $375. (Id., PageID #s 669-70.) The Does also seek reimbursement of work performed by Attorney Bo Bigelow at the rate of $310 an hour. Bigelow “has 22 years of legal experience and focuses much of his professional time on IDEA cases.” (O’Meara Decl., PageID # 541.) Beyond O’Meara and Bigelow, Murray, Plumb & Murray additionally staffed this matter with the following attorneys and paralegals: Attorney Rachel Sears is an associate with eight years of legal experience who has since left Murray, Plumb & Murray to work in the education law practice group at Drummond Woodsum, the firm representing Falmouth in this matter. (See O’Meara Decl., PageID # 541.) Sears billed her time on this matter at an hourly rate of $240. (See id.)

Attorney Sean Turley is an associate who became a member of the bar in 2019. Turley billed his time on this matter at an hourly rate of $220. (See id.) Attorney Ellen Masalsky is an associate who joined the firm in 2022 shortly after graduating law school and passing the bar exam. Masalsky’s work on this matter was limited to “assisting with research and writing” on the present Motion. (Id.) Masalsky billed her time at an hourly rate of $150.

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Related

Hensley v. Eckerhart
461 U.S. 424 (Supreme Court, 1983)
Fox v. Vice
131 S. Ct. 2205 (Supreme Court, 2011)
Murphy v. Smith
583 U.S. 220 (Supreme Court, 2018)
Perez-Sosa v. Garland
22 F.4th 312 (First Circuit, 2022)
Tillman v. District of Columbia
123 F. Supp. 3d 49 (District of Columbia, 2015)

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FALMOUTH SCHOOL DEPARTMENT v. MR AND MRS DOE, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falmouth-school-department-v-mr-and-mrs-doe-med-2023.