McNeil v. Dist. of Columbia

342 F. Supp. 3d 156
CourtCourt of Appeals for the D.C. Circuit
DecidedSeptember 28, 2018
DocketCase No. 14-cv-00886 (APM)
StatusPublished
Cited by2 cases

This text of 342 F. Supp. 3d 156 (McNeil v. Dist. of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McNeil v. Dist. of Columbia, 342 F. Supp. 3d 156 (D.C. Cir. 2018).

Opinion

Amit P. Mehta, United States District Judge

I. INTRODUCTION

Plaintiff Judie McNeil and her son, J.M., now an adult and co-plaintiff, seek to collect $198,653.43 in attorneys' fees and other costs associated with a successful action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. , against Defendant District of Columbia.1 Defendant does not contest Plaintiffs' status as a prevailing party under the IDEA, but does assert that the proposed hourly rates for Plaintiffs' counsel are not supported by adequate evidence and therefore are unreasonable. Moreover, Defendant asserts that attorneys' fees incurred before May 2013 are too attenuated to be compensated and that Plaintiffs cannot recover costs expended for experts. Defendant asks the court to award no more than $110,311.54.

After considering the parties' submissions and the relevant law, the court grants in part and denies in part Plaintiffs' Motion for Attorney Fees.2 The court awards attorneys' fees and costs to Plaintiffs calculated at an hourly rate of 75% of the United States Attorney's Office Matrix, in the total amount of $140,238.97.

II. BACKGROUND

The court described the factual and procedural background of this case in its previous opinion, which resolved the parties' cross-motions for summary judgment and remanded for further administrative proceedings. See generally McNeil v. District of Columbia , 217 F.Supp.3d 107 (D.D.C. 2016). Thus, the court need not repeat those details here. On remand, the Hearing Officer made several additional factual findings and determinations in Plaintiffs' favor and held that J.M. was entitled to compensatory education. Pl.'s Mot. for Fees & Costs, ECF No. 30 [hereinafter Pl.'s Mot.], at 3; Def.'s Mem. in Opp'n to Pl.'s Mot. for Fees & Costs, ECF No. 31 [hereinafter Def.'s Opp'n], at 3; see also Pl.'s Mot., Ex. 1, ECF No. 30-1, at 10-11. Thus, Plaintiffs succeeded in securing the relief they sought for J.M. See generally Compl., ECF No. 1, at 3.

*160III. LEGAL STANDARD

The IDEA provides "a fee-shifting provision entitling a prevailing party ... to reasonable attorneys' fees." Price v. District of Columbia , 792 F.3d 112, 113 (D.C. Cir. 2015) (internal quotation marks omitted). A "court, in its discretion, may 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). An IDEA fee award "shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished." Id. § 1415(i)(3)(C). If the court finds, however, "that 'the amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience,' it 'shall reduce ... the amount of the attorneys' fees awarded.' " Eley v. District of Columbia , 793 F.3d 97, 99 (D.C. Cir. 2015) (alteration in original) (emphasis omitted) (quoting 20 U.S.C. § 1415(i)(3)(F)(ii) ).

Because the IDEA "provides no further guidance for determining an appropriate fee award," id. at 100, the D.C. Circuit applies a "two-part framework" to determine whether an award of attorneys' fees is "reasonable" under the statute's fee-shifting provision, see Reed v. District of Columbia , 843 F.3d 517, 520 (D.C. Cir. 2016). This framework takes into account "(1) the 'number of hours reasonably expended in litigation'; and (2) the 'reasonable hourly rate' for the services provided." Reed , 843 F.3d at 520 (quoting Eley , 793 F.3d at 100 ).

The burden of establishing entitlement to a fee award under the IDEA rests with the fee applicant. See id. The applicant must establish that she qualifies as a prevailing party, document the appropriate hours spent by counsel, and justify the reasonableness of the rate requested. See id. at 520-21 ; cf. Covington v. District of Columbia , 57 F.3d 1101, 1107 (D.C. Cir. 1995) (explaining burden-shifting in the context of a fees petition under 42 U.S.C. § 1988 ). Once the applicant has shown that the claimed rate and hours are reasonable, the resulting sum is presumed to be a reasonable fee. See Covington , 57 F.3d at 1109. At that point, the defendant can challenge the request for attorneys' fees, but it must do so with "specific contrary evidence tending to show that a lower rate would be appropriate." Flood v. District of Columbia ,

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342 F. Supp. 3d 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneil-v-dist-of-columbia-cadc-2018.