Rush v. Scott Specialty Gases, Inc.

934 F. Supp. 152, 1996 U.S. Dist. LEXIS 11557, 73 Fair Empl. Prac. Cas. (BNA) 1691, 1996 WL 448226
District Court, E.D. Pennsylvania·Decided August 6, 1996·No. 2:95-mj-00748·Published·Cited by 5 cases

Opinion

MEMORANDUM

JOYNER, District Judge.

On April 19, 1996, a jury in this Court found that Plaintiff Christine Rush had been discriminated against on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e — 2000e-17 (1994) and the Pennsylvania Human Relations Act (PHRA), 43 Pa.Cons.Stat.Ann. §§ 951-63 (1991 & Supp.1994). The jury awarded Plaintiff an amount in excess of four million dollars and Plaintiff subsequently accepted a remittitur of this amount to $603,-000. Plaintiff now seeks an award of attorney’s fees and costs under 42 U.S.C. § 1988.

42 U.S.C. § 1988 grants courts discretion to award prevailing parties “a reasonable attorney’s fee as part of the costs.” 42 U.S.C. § 1988(b); see also 43 Pa.Cons.Stat. Ann. § 962(c)(4)(c.2) (PHRA also provides for attorney’s fees). When the plaintiff is the prevailing party and in the “absence of special eircumstances[,] a district court not merely ‘may’ but must award fees.” Independent Fed’n of Flight Attendants v. Zipes, 491 U.S. 754, 761, 109 S.Ct. 2732, 2736, 105 L.Ed.2d 639 (1989) (citing Newman v. Piggie Park Enter., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968)); Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983).

In order to receive attorney’s fees, the applicant bears the burden of proving that (1) she is a prevailing party and (2) the fee request is reasonable both in rate and in hours claimed. Farrar v. Hobby, 506 U.S. 103, 111-12, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992); Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir.1990) (citing Hensley, 461 U.S. at 433, 103 S.Ct. at 1939). If contested, the challenger must “specify with particularity the reasons for its challenge and the category (or categories) of work being challenged,” but “need not point to each individual excessive entry.” Bell v. United Princ e *155 ton Properties, Inc., 884 F.2d 713, 721 (3d Cir.1989).

A district court possesses considerable discretion in fixing the fee amount in light of the objections, but may not make reductions on its own. Bell v. United Princeton Properties, Inc., 884 F.2d 713, 721 (3d Cir.1989). A court should deduct hours that are “excessive, redundant, or otherwise unnecessary.” Rode, 892 F.2d at 1183. Thus, the court may deduct hours spent litigating claims on which the party did not succeed if those claims are factually and legally distinct from the ones on which she did prevail. Moreover, the court should deduct hours that are not sufficiently documented. Id. Finally, the hours claimed should be reviewed in the context of the experience and qualifications of the attorney seeking the award. After all, a “fee applicant cannot demand a high hourly rate — which is based on his or her experience, reputation, and presumed familiarity with the applicable law — and then run up an inordinate amount of time researching that same law.” Ursic v. Bethlehem Mines, 719 F.2d 670, 677 (3d Cir. 1983).

After a court has established the reasonable amount of time spent, it must determine the reasonable hourly rate, calculated in accordance with the prevailing market rate in the relevant community. Rode, 892 F.2d at 1177 (citing Blum v. Stenson, 465 U.S. 886, 895, 104 S.Ct. 1541, 1547, 79 L.Ed.2d 891 (1984)). If the charged rate is supported by the applicant and not challenged by the opposing party, the court must accept that rate as the reasonable one. Black Grievance Comm. v. PECO, 802 F.2d 648, 653 (3d Cir.1986).

After determining the reasonable hourly rate and time reasonably expended, the court multiplies the two factors to reach the lodestar, which is the presumed reasonable fee. Rode, 892 F.2d at 1183; Rainey v. Philadelphia Housing Auth., 832 F.Supp. 127, 129 (E.D.Pa.1993). This does not end the calculation, however. The district court has discretion to adjust the lodestar if it is not reasonable in light of the results obtained. Rode, 892 F.2d at 1183.

We turn now to the task of applying the above law to this action. We note first where there is no disagreement. There is no dispute that Plaintiff is the prevailing party, and as- such, is entitled to an award of reasonable attorney’s fees and costs. Second, there is no dispute over the hourly rate charged by Plaintiffs two attorneys. The disputes arise over the reasonableness of certain categories of hours spent and costs expended. We address each disputed area in turn.

A. ATTORNEY’S FEES

1. Frivolous Motions

Defendant asserts that several sets of motions were frivolous and unrelated to the litigation of this action on the merits. Accordingly, Defendant seeks to discharge the hours spent on those motions. It is well established that an applicant cannot recover for hours spent on unnecessary prosecution of the action. Rode, 892 F.2d at 1183.

Insofar as Plaintiffs Submitted Uncontested Stipulation of Facts and the related Motion for Sanctions go, Plaintiffs Motions were unnecessary. Although the pleadings may have stemmed from innocent misunderstandings and miscommunication, the issue should have been easily resolved without recourse to this Court. We do not attempt to lay blame for this impasse on either side, however, the fact is that Plaintiffs motion was denied in full. We do agree that Plaintiffs counsel was entitled to make the initial phone call to Defendant to determine whether a conflict existed. The motion practice that followed, though, was not reasonable. For this reason, we do not award fees for hours spent on this issue after the initial phone calls. See Appendices A & B.

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Rush v. Scott Specialty Gases, Inc., 934 F. Supp. 152, 1996 U.S. Dist. LEXIS 11557, 73 Fair Empl. Prac. Cas. (BNA) 1691, 1996 WL 448226 (E.D. Pa. 1996).

934 F. Supp. 152 (Rush v. Scott Specialty Gases, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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