Friendship Edison Public Charter School Collegiate Campus v. Nesbitt

752 F. Supp. 2d 1, 2010 U.S. Dist. LEXIS 114847, 2010 WL 4260209
District Court, District of Columbia·Decided October 28, 2010·No. Civil Action 06-0903 (JMF)·Published·Cited by 6 cases

Opinion

MEMORANDUM OPINION

JOHN M. FACCIOLA, United States Magistrate Judge.

Now pending before the Court is Defendant’s Supplemental Post Judgment Mo *4 tion for Attorneys’ Fees and Costs [# 53] (“Def. Mot.”) and Plaintiffs Memorandum of Points and Authorities in Opposition to Defendant’s Supplemental Post Judgment Motion for Attorneys’ Fees and Costs [# 54] (“Opp.”).

Defendant seeks an award of $20,673.33 in fees and $2,625.00 in costs for professional services rendered before this Court by Attorney Jude Iweanoge, as well as $7,510.10 for professional services rendered by The Law Offices of Christopher N. Anwah, PLLC, his attorneys for the underlying administrative litigation. For the reasons stated herein, defendant’s motion will be granted in part and denied in part.

BACKGROUND

The facts and procedural history of this case are set out in previous opinions by this Court. See Friendship Edison Public Charter Sch. Collegiate Campus v. Nesbitt, 532 F.Supp.2d 121 (D.D.C.2008) (“Nesbitt I ”); and Friendship Edison Public Charter Sch. Collegiate Campus v. Nesbitt, 583 F.Supp.2d 169 (D.D.C.2008) (“Nesbitt II”).

This Court issued a final judgment and memorandum opinion in this case on November 18, 2009, accepting Nesbitt’s proposed compensatory education award and granting an additional 1,900 hours of tutoring in broad math and broad reading. Friendship Edison Public Charter Sch. Collegiate Campus v. Nesbitt, 669 F.Supp.2d 80 (D.D.C.2009) (“Nesbitt III”). This award was in addition to 1,400 hours in tutoring already received by the defendant, amounting to a total compensatory education award of 3,300 hours. This was the same number of hours awarded by the hearing officer in this case, which this Court originally rejected because it was not “adequately individualized or supported by the record.” Nesbitt I, 532 F.Supp.2d at 125. However, this award in the final judgment was “not ... the same award provided by the hearing officer, despite the similarities in the outcome.” Nesbitt III, 669 F.Supp.2d at 87. Instead, the defendant provided evidence that the award of 950 hours of tutoring in broad math and 950 hours of tutoring in broad reading, in addition to the tutoring already received by Nesbitt, was “reasonably calculated to provide the educational benefits that likely would have accrued from special education services the school district should have supplied in the first place.” Id. at 85 (quoting Reid v. District of Columbia, 401 F.3d 516, 524 (D.C.Cir.2005)).

Defendant filed his motion for attorneys’ fees on December 2, 2009. Plaintiff filed an appeal on December 3, 2009 and moved to stay the judgment on the motion for attorneys’ fees pending appeal on December 29, 2009. This Court denied plaintiffs motion to stay the judgment pending appeal on April 12, 2010. Defendant filed his supplemental motion for attorneys’ fees and costs on April 13, 2010. 1 In ruling on the motion, this Court will consider the defendant’s eligibility for attorneys’ fees and the reasonableness of the fees requested.

DISCUSSION

This Court entered judgment for defendant under the Individuals with Disabilities Education Act (“IDEA”), which contains several provisions regarding attorneys’ fees. “In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to a *5 prevailing party who is the parent of a child with a disability.” 20 U.S.C. § 1415(i)(3)(B)(i). 2 The statute provides that “[f]ees awarded under this paragraph shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this subsection.” 20 U.S.C. § 1415(i)(3)(C). There are three key issues that must be addressed by this Court: (1) whether defendant is entitled to attorneys’ fees; (2) whether the number of hours billed was reasonable; and (3) whether the hourly rates billed by defendant were reasonable.

I. Defendant’s Eligibility for Attorneys’ Fees

In determining whether the defendant is eligible for attorney’s fees, this Court must determine whether the defendant was a “prevailing party.” 20 U.S.C. § 1415(i)(3)(B)(i). The Supreme Court has held that there must be a “judicially sanctioned change in the legal relationship of the parties” for the party to be awarded attorney’s fees as a prevailing party. Adams v. District of Columbia, 231 F.Supp.2d 52, 54 (D.D.C.2002) (quoting Buckhannon Bd. & Care Home v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 605, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001)). In the context of fee-shifting statutes like IDEA, the Supreme Court has construed the term “prevailing party” to require “judicial imprimatur on an enforceable judgment or consent order.” Alegria v. District of Columbia, 391 F.3d 262, 263 (D.C.Cir.2004) (citing Buckhannon Bd. & Care Home, 532 U.S. at 604-05, 121 S.Ct. 1835).

Defendant is the prevailing party in this case. This Court issued its final judgment on November 18, 2009, ordering the plaintiff to cover the cost of the 1,400 hours of tutoring already administered and the cost of an additional 950 hours of tutoring in broad reading and 950 hours of tutoring in broad math as compensatory education. Therefore, there was a judicially sanctioned change in the legal relationship of the parties, and there was judicial imprimatur on an enforceable judgment. Defendant, therefore, may be awarded reasonable attorneys’ fees by this Court. 20 U.S.C. § 1415(i)(3)(B)(i).

Plaintiff nevertheless contends that defendant’s entitlement to fees can only begin on January 31, 2008, the date this Court issued its memorandum opinion and granted plaintiff summary judgment. Nesbitt I, 532 F.Supp.2d at 121. See Opp. at 4. Under this theory, all time claimed prior to that date is non-compensable. It cannot seriously be suggested that a party prevails only from the moment the court rules in his favor so that all the time necessarily expended achieving that result is not compensable.

Plaintiff also asserts that time spent at the administrative level is not compensable because defendant did not prevail. Id.

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Friendship Edison Public Charter School Collegiate Campus v. Nesbitt, 752 F. Supp. 2d 1, 2010 U.S. Dist. LEXIS 114847, 2010 WL 4260209 (D.D.C. 2010).

752 F. Supp. 2d 1 (Friendship Edison Public Charter School Collegiate Campus v. Nesbitt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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