Individually ex rel. K.G. v. N.Y.C. Dep't of Educ.

340 F. Supp. 3d 357
CourtDistrict Court, S.D. Illinois
DecidedNovember 26, 2018
Docket17 Civ. 9974 (GWG)
StatusPublished
Cited by46 cases

This text of 340 F. Supp. 3d 357 (Individually ex rel. K.G. v. N.Y.C. Dep't of Educ.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Individually ex rel. K.G. v. N.Y.C. Dep't of Educ., 340 F. Supp. 3d 357 (S.D. Ill. 2018).

Opinion

GABRIEL W. GORENSTEIN, United States Magistrate Judge

Plaintiff O.R., individually and behalf of her son, K.G., brings this action against *362defendant New York City Department of Education ("DOE") for attorney's fees, costs, and expenses, in connection with an administrative proceeding brought to enforce K.G.'s right to a "free appropriate public education" under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 etseq.1 For the reasons that follow, the Court grants plaintiff's request in the amount of $34,435.11.

I. BACKGROUND

On May 19, 2016, O.R. filed a complaint against the DOE alleging that her son, K.G., had been denied a free appropriate public education, and requesting funding for multiple remedial measures to be paid for by DOE. See Demand for Due Process Hearing, dated May 19, 2016 (filed as Docket # 23-2). O.R. alleged that K.G. had fallen below grade level and had not received the assistance from DOE to which he was entitled. See DeCrescenzo Decl. ¶¶ 20-24. An independent hearing officer ("IHO") held six hearings in 2016 through 2017, during two of which witnesses gave testimony. See id.; D. Mem. at 3. The DOE opposed some but not all of the relief sought by O.R. See Findings of Fact and Decision, dated June 29, 2017 (filed as Docket # 23-3) ("IHO decision"), at 5. On June 29, 2017, the IHO found for O.R. in large part, and ordered that DOE fund the cost of various remedial measures, which included speech therapy, neuropsychological and functional behavior analysis, and 520 hours of one-on-one tutoring. Id. at 16-17.

After the IHO decision, the parties attempted to settle O.R.'s claim for attorney's fees but were unable to do so. See DeCrescenzo Decl. ¶¶ 61-70. On December 21, 2017, O.R. brought this action for attorney's fees under the IDEA's fee-shifting provision, 20 U.S.C. § 1415(i)(3)(B), for both the underlying administrative hearing and the fee application itself. See Complaint, filed December 21, 2017 (Docket # 1). On April 3, 2018, DOE served an offer of settlement for the fees pursuant to 20 U.S.C. § 1415(i)(3)(D) in the amount of $29,100.01. See Korleva Decl. ¶3. O.R. did not accept this offer. Id. ¶ 4.

*363O.R. seeks a total of $63,463.11 for fees, costs, and expenses. P. Reply at 1.2 DOE opposes the application on the grounds that (1) the hourly rates sought are unreasonable and (2) the number of hours billed is excessive. See D. Mem. at 1. It also seeks to limit the amount O.R. may claim as a result of the offer of settlement. D. Surreply at 16.

II. DISCUSSION

The IDEA, "ensure[s] that children with disabilities ... are guaranteed procedural safeguards with respect to the provision of a free appropriate public education." 20 U.S.C. § 1415(a). The statute grants a court discretion to "award reasonable attorneys' 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)(i)(I). A "prevailing party" is one who succeeds "on any significant issue in litigation which achieves some of the benefit the parties sought in bringing the suit." G.M. ex rel. R.F. v. New Britain Bd. of Educ., 173 F.3d 77, 81 (2d Cir. 1999) (quoting Tex. State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 789, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989) ). Thus, "[i]f the guardian of a child with a disability successfully enforces his or her rights under the IDEA in an administrative action, the statute authorizes courts to award reasonable attorney fees to the guardian." Id. at 80. DOE does not contest that the plaintiff is entitled to an award of attorney's fees. See D. Mem. at 3-4.

The Second Circuit has said that "[t]he most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182, 186 (2d Cir. 2008) (quoting Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) ). This calculation yields a "presumptively reasonable fee," which is also referred to as the "lodestar." Millea v. Metro-North R.R. Co., 658 F.3d 154, 166 (2d Cir.

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