National Rifle Ass'n of America, Inc. v. Village of Oak Park

871 F. Supp. 2d 781
CourtDistrict Court, N.D. Illinois
DecidedJune 25, 2012
DocketCase Nos. 08 C 3696, 08 C 3697
StatusPublished
Cited by2 cases

This text of 871 F. Supp. 2d 781 (National Rifle Ass'n of America, Inc. v. Village of Oak Park) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Rifle Ass'n of America, Inc. v. Village of Oak Park, 871 F. Supp. 2d 781 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

MILTON I. SHADUR, Senior District Judge.

Before these actions were brought, both the City of Chicago (“Chicago”) and the Village of Oak Park (“Oak Park”) had ordinances banning the ownership of handguns within their respective municipal boundaries. National Rifle Association (“NRA”) filed companion lawsuits to invalidate the bans, arguing that they violated the United States Constitution’s Second Amendment, as it was assertedly applicable to state governments and their progeny. NRA ultimately took its cases to the United States Supreme Court, where it along with Otis McDonald (NRA was in the McDonald case as a party supporting the McDonald petition) convinced five Justices of their position (see McDonald v. City of Chicago, — U.S. -, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010)).

Now NRA wants Chicago and Oak Park to pay its attorneys’ fees under 42 U.S.C. § 1988.1 NRA has submitted a petition claiming $1,727,160.71 in fees and expenses for work in the Chicago and Oak Park cases combined, $142,109.60 for work done only in the Chicago case and $326,052.98 for work done only in the Oak Park case. Those figures cover multiple aspects of the cases: (1) litigation on the merits in this Court, our Court of Appeals and the Supreme Court; (2) litigation as to whether NRA was a prevailing party under Section 1988 in this Court and the Court of Appeals; and (3) litigation in this Court as to the amount of the fee.

NRA v. City of Chicago, 646 F.3d 992, 993-94 (7th Cir.2011) determined that NRA is a prevailing party entitled to fees under Section 1988. So what remains to [784]*784be determined is the amount of the fee award.

Background on the Attorneys’ Roles

NRA employed several law firms and lawyers during this litigation. During the merits phase of the cases Stephen Hal-brook (“Halbrook”) served as lead counsel in this Court and the Seventh Circuit in both lawsuits (N. Mem. 3).2 William Howard (“Howard”), Daniel Dooley (“Dooley”) and other attorneys from the Freeborn & Peters law firm (“Freeborn”) served as local counsel in the Oak Park case (id.), while Stephen Kolodziej (“Kolodziej”) of the Brenner, Ford, Monroe & Scott law firm (“Brenner”) served as local counsel in the Chicago case (id.). Another law firm, Cooper & Kirk (“Cooper”), chipped in a few hours assisting Halbrook in the Seventh Circuit (N. Supp. 8).

Halbrook, with assistance from Cooper, then prepared a petition to the United States Supreme Court for a writ of certiorari (N. Rep. 6, N. Supp. 8). When the Supreme Court took the case, Stephen Poss (“Poss”), Kevin Martin (“Martin”), Joshua Lipshutz (“Lipshutz”) and several other attorneys from the Goodwin Procter law firm (“Goodwin”) took over briefing duties, with contributions from Halbrook and Cooper (N. Mem. 4). Paul Clement (“Clement”) of King & Spalding (“King”) handled the oral argument, with assistance from several other attorneys at his firm (id.).

Victors in the Supreme Court, NRA returned to this Court to seek fees. Hal-brook and both sets of local counsel briefed whether NRA was a prevailing party (N. Supp. 9). When this Court ruled against NRA on technical grounds, Hal-brook handled a successful appeal to the Seventh Circuit with assistance from Clement and other attorneys at his new firm, Bancroft (id.).

Attorney’s Fees

When a plaintiff prevails in an action to enforce Section 1983, Section 1988(b) entitles that plaintiff to collect its costs and a reasonable attorney’s fee from the defendant. Gautreaux v. Chicago Housing Authority, 491 F.3d 649, 659 (7th Cir.2007) is one of a great many cases that set out the initial step in determining the fee award:

In calculating reasonable attorneys’ fees, the district court should first determine the lodestar amount by multiplying the reasonable number of hours worked by the market rate.

It is the party seeking the fee award that bears the burden of proving the market rate for each attorney and the reasonableness of the time spent by each. Before this opinion turns to an extended discussion of the first of those components (market rate), it is important to pause to understand why the preceding paragraph referred to determination of the lodestar figure as the “initial step” rather than as the necessarily conclusive amount, which it will be remembered is also a function of the second component (reasonable time spent).

[785]*785Before the author of this opinion was privileged to join the federal judiciary, he spent a bit more than three decades as an active law firm practitioner, more than the last decade of that period as the firm’s lead partner with principal responsibility for firm billing.3 Both that experience and the home truths expressed in this opinion’s later quotation from the Gusman case demonstrate the presumptive validity of the lodestar figure when work on a matter is done by a single lawyer. In that situation the market presumptively adjusts to produce a reasonable fee, for the lawyer’s hourly rate presumably reflects the lawyer’s efficiency and effectiveness (or lack of them) in producing the end product of his or her efforts.

That same analysis should hold true in situations in which more than one lawyer is involved, with each performing a discrete portion of the task. But the situation is very different where, as is so often the case these days (and as was true here), lawyers function in teams or their efforts overlap substantially. Lawyer A consults with Lawyer B, who then reviews Lawyer A’s work, with Lawyer A then scrutinizing Lawyer B’s input (and with more conferencing likely involved at those added stages of activity). In such situations the calculation of a number of lodestar figures (one for each lawyer), which are then simply added together, provides no assurance of generating a total figure that should be the subject of fee shifting.

More will be said on that subject later. But first this opinion turns to the possibility of placing a cap on fees, followed by a particularized review of the market rates for the numerous lawyers included in NRA’s request.

Chicago’s and Oak Park’s Proposed Cap on Fees

Chicago and Oak Park propose capping NRA’s recovery at the amount collected by plaintiffs in the McDonald action, the parallel lawsuit in which a different plaintiff also challenged Chicago’s ordinance. There Chicago and McDonald agreed to a fee award of $399,950 (C. Mem. 20). NRA characterizes that as a settlement, suggesting that it is thus an unreliable barometer of the reasonableness of NRA’s claim. Chicago and Oak Park respond that “technically there was no ‘settlement’ between McDonald and the City; McDonald submitted a fee petition pursuant to section 1988 which the City did not oppose” (id.). But Chicago and Oak Park apparently acknowledge that some negotiation took place over the amount of the fee.

Perdue v. Kenny A. ex rel. Winn, - U.S. -, 130 S.Ct.

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871 F. Supp. 2d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-rifle-assn-of-america-inc-v-village-of-oak-park-ilnd-2012.