Midnight Sessions, Ltd. v. City of Philadelphia

755 F. Supp. 652, 1991 U.S. Dist. LEXIS 375, 1991 WL 7207
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 10, 1991
DocketCiv. A. No. 90-0132
StatusPublished
Cited by2 cases

This text of 755 F. Supp. 652 (Midnight Sessions, Ltd. v. City of Philadelphia) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Midnight Sessions, Ltd. v. City of Philadelphia, 755 F. Supp. 652, 1991 U.S. Dist. LEXIS 375, 1991 WL 7207 (E.D. Pa. 1991).

Opinion

MEMORANDUM

NEWCOMER, District Judge.

This is a civil rights case involving an alleged conspiracy under color of state law to deprive plaintiffs of their rights in designing and operating a nightclub through the defendants’ improper use of city agencies and the police force. Plaintiffs, Midnight Sessions, Ltd., t/a After Midnight, et al., are a corporate entity which designed and constructed two nightclubs in Philadelphia. On January 8, 1990, plaintiffs brought this case alleging causes of action pursuant to 42 U.S.C. § 1983, and the fifth and fourteenth amendments, arguing that defendant’s conduct resulted in an unconstitutional taking of plaintiffs’ property. On August 1, 1990, the jury returned a verdict in favor of plaintiffs finding that defendant had violated plaintiffs’ substantive due process rights, and procedural due [654]*654process rights, and that defendant’s conduct resulted in an unconstitutional taking of plaintiffs property. The jury awarded plaintiffs $3,075,000.00 in damages.

Presently before the court is plaintiffs’ Application For Attorneys’ Fees and costs. Pursuant to 42 U.S.C. § 1988, plaintiffs, as the prevailing parties in their § 1983 civil rights action, are entitled to their attorneys’ fees and costs. Plaintiffs seek reasonable attorneys’ fees, an upward adjustment of the fees (contingency enhancer), costs, expert fees, attorneys’ fees for the fee application and immediate payment of these fees. After careful consideration of plaintiffs’ application, the response thereto, and the entire record of the case, the court shall award attorneys’ fees and costs as specified in the rest of this opinion.

I. Factual Background

The fees and costs requested are related to the planning, researching, drafting and filing of plaintiffs’ complaint, opposition to various motions to dismiss and motions for summary judgment filed by defendants, plaintiffs’ motions for summary judgment and preparation for and participation in the related proceedings including the trial of the case. Plaintiffs also request fees and costs related to drafting and filing motions for discovery requests, interrogatories, and preparation for, and attendance at, numerous depositions. A brief outline of the proceedings (as set forth in plaintiffs’ petition) follows.

In August of 1989 plaintiffs, after discussing their case with other firms who refused to accept the case, met with attorneys regarding the possibility of retaining Powell, Trachtman, Logan & Carrie as counsel for their civil rights claim against the City of Philadelphia. After reviewing the facts with plaintiffs and preparing and distributing a memorandum of the facts of the case to the other members of the firm, Mr. Trachtman had a law clerk do preliminary research regarding the fact scenario. Ultimately, Mr. Trachtman agreed to take the case on a full contingency basis, despite the risk of loss and, therefore, the prospect of nonpayment after the protracted and complex litigation of this case. The principals of Mr. Trachtman’s law firm assented to this arrangement with the expectation that, if successful, they would recover between two to three times their regular billing rate (Plaintiffs’ Petition p. 2).

On January 8, 1989, plaintiffs filed an extensive complaint alleging that the defendant city’s policies regulating the licensing of dance halls violated plaintiffs’ civil rights. Plaintiffs’ attorneys had to then embark on a seven-month period devoted to extensive discovery, research and trial preparation. Plaintiffs first drafted and served many detailed interrogatories and document requests before any defendant had answered the complaint. Plaintiffs also had to file several discovery motions to exact responses from the defendants which eventually resulted in hundreds of pages of answers to the interrogatories and thousands of documents.

After the filing of the complaint, defendants filed a motion to dismiss. Plaintiffs had to respond to this motion which the Court ultimately denied on May 31, 1990. Following the denial of Defendants’ Motion to Dismiss, the parties had to conduct discovery within a 90-day discovery period ending on July 2, 1990. During this period of discovery, plaintiffs’ counsel had either taken or attended the depositions of Robert D’Agostino, Captain Clifford Barcliffe, Alan Kessler, Lieutenant W. Kase, Sergeant Grutzmacher, Gussie Chudnoff, Dorothy Gallman-Williams, Cureley Cole, John Plonski, Henry Herling, Clarence Mosley, Charles Duncan, James Tayoun, Leslie Ger-stein, John Marini, Lt. Robert Pitney, Sgt. John Shaw, Flora Wolf, Joan Baizer, Jane Robinson, Marvin Finkelstein, Rick Snyder-man, David Wismer, Mark Levy, Andrew Toy, Sally Hunter, Richard Singer, James Helman, Donald Welch, Alan Manoff and Jack Manoff.

After the end of the discovery period, this court required all summary judgment motions to be filed by July 5, 1990. This required a complete analysis and summary of the extensive discovery within a relatively short time-frame. Plaintiffs filed one motion for summary judgment on July 5. [655]*655Defendants filed four motions for summary judgment by the deadline to which plaintiffs had to respond by July 11, 1990. The case went to trial on July 23, 1990 and on August 1, 1990, the jury returned a verdict for the plaintiffs finding that defendant had violated 42 U.S.C. § 1983 by denying plaintiffs their substantive and procedural due process rights, and by unconstitutionally taking plaintiffs’ property. The jury awarded damages of $3,075,000.00.

II. Legal Standards

Under 42 U.S.C. § 1988, the court may allow reasonable attorneys’ fees to the prevailing party in a suit brought under 42 U.S.C. § 1983. To be considered a “prevailing party,” the plaintiff “must be able to point to a resolution of the dispute which changes the legal relationship between itself and the defendant.” Texas State Teachers Ass’n v. Garland Indep. School Dist., 489 U.S. 782, 792, 109 S.Ct. 1486, 1493, 103 L.Ed.2d 866 (1989). If the plaintiff succeeds on “ ‘any significant issue in litigation which achieve[d] some of the benefit the parties sought in bringing suit’ the plaintiff has crossed the threshold to a fee award of some kind.” Id. Success on a legal claim which can be characterized as “purely technical or de minimis,” however, would justify a finding that plaintiff is not a prevailing party for § 1988 fee purposes. Id.

Assuming “prevailing party” status exists, the district court must make an initial estimate of a reasonable attorneys’ fees, commonly referred to as the “lodestar,” by multiplying the number of hours reasonably expended by a reasonable hourly rate. Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983).

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755 F. Supp. 652, 1991 U.S. Dist. LEXIS 375, 1991 WL 7207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midnight-sessions-ltd-v-city-of-philadelphia-paed-1991.