Schofield v. Trustees of University of Pennsylvania

919 F. Supp. 821, 1996 U.S. Dist. LEXIS 2882, 1996 WL 107890
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 11, 1996
Docket2:94-cv-05887
StatusPublished
Cited by8 cases

This text of 919 F. Supp. 821 (Schofield v. Trustees of University of Pennsylvania) 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
Schofield v. Trustees of University of Pennsylvania, 919 F. Supp. 821, 1996 U.S. Dist. LEXIS 2882, 1996 WL 107890 (E.D. Pa. 1996).

Opinion

919 F.Supp. 821 (1996)

Joyce SCHOFIELD, Plaintiff,
v.
TRUSTEES OF the UNIVERSITY OF PENNSYLVANIA, Defendant.

No. 94-CV-5887.

United States District Court, E.D. Pennsylvania.

March 11, 1996.

*822 *823 *824 *825 William H. Ewing, Deborah Weinstein, Connolly, Epstein, Chicco, Foxman, Engelmyer & Ewing, Philadelphia, PA, for Plaintiff.

Neil J. Hamburg, Hamburg & Golden, Philadelphia, PA, for Defendant.

MEMORANDUM AND ORDER

JOYNER, District Judge.

I

This Memorandum and Order resolves the Motion for the Payment of Attorneys' Fees and Expenses filed by the plaintiff in this employment discrimination action. The plaintiff is Joyce Schofield, an African-American woman and a former employee of the defendant, the University of Pennsylvania ("the University"). On September 27, 1994, Ms. Schofield filed a complaint alleging that her supervisor subjected her to racial discrimination and sexual harassment at the workplace. The plaintiff sought relief pursuant to nine claims arising under (1) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17; (2) the Civil Rights Act of 1866, 42 U.S.C. § 1981; (3) the Pennsylvanian Human Relations Act, 43 Pa.Cons.Stat. Ann. §§ 951-63; and (4) the tort theories of intentional infliction of emotional distress and negligent retention.

The trial commenced on August 8, 1995, and continued for nine days. At the conclusion of the plaintiff's case-in-chief, we granted the University's motion to dismiss the tort claims. The remaining claims went to the jury, which returned a verdict in Ms. Schofield's favor with respect to her claims that the University permitted a sexually and racially hostile work environment, and in the University's favor as to the claims for quid pro quo harassment and retaliation. The jury awarded Ms. Schofield $40,000 to compensate her for her pain and suffering, but declined to award damages in the form of front and back pay, past and future medical expenses, or punitive damages. Thus, the amount of the jury's award represented approximately 2% of the total damages sought.

Ms. Schofield, through her attorneys, William Ewing and Deborah Weinstein of the Philadelphia law firm of Connolly Epstein Chicco Foxman Engelmyer & Ewing, P.C. (the "Connolly Epstein firm"), now brings the instant motion, and asks this Court to award her over $272,000 in attorneys' fees and expenses. She argues that she is entitled to such an award under both state and federal law, in that she is the prevailing party, the fees were reasonably incurred as a result of this litigation, and the rate charged is the one normally charged by the attorneys who provided the services. For its part, the University argues that an award of fees is not justified in light of the verdict. Alternatively, the University contends that the amount requested is excessive, since both the amount of time expended and the hourly rate claimed are unreasonable.

II

The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, confers upon the court the discretion to award to the prevailing party "a reasonable attorney's fee as part of the costs." 42 U.S.C. § 1988(b) (1994); see 42 U.S.C. § 2000e-5(k) and 42 Pa.Cons.Stat.Ann. § 962(c)(4)(c.2) (providing for an attorney's fee award under similar circumstances in the employment discrimination context). The extent of the court's discretion in deciding whether to award fees to the prevailing party is narrow, however. Indeed, the Supreme Court has noted that "in absence of special circumstances a district court not merely `may' but must award fees to the prevailing plaintiff." 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., Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968)); see Hensley v. Eckerhart, 461 U.S. 424, 429 (1983) (holding that a prevailing plaintiff should recover attorney's fees unless special circumstances would make such an award unjust).

Thus, the party seeking attorney's fees must show that (1) she is a prevailing party; and (2) the fee request is reasonable. In order to be considered a "prevailing party" for § 1988 purposes, one must obtain at *826 least some relief on the merits of the claim, such that the legal relationship between the parties is materially altered in a way that directly benefits the plaintiff. Farrar v. Hobby, 506 U.S. 103, 111, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992). Under this "generous formulation," a plaintiff prevails if she succeeds "`on any significant issue in litigation which achieves some of the benefit the part[y] sought in bringing suit.'" Hensley, 461 U.S. at 433, 103 S.Ct. at 1939 (quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)).

Whether the fee request is reasonable is a far more complex inquiry, which compels the court to examine both the number of hours spent and the hourly rate requested. The party seeking attorney's fees bears the burden of demonstrating that her request is reasonable, and must therefore submit evidence to support its assertions as to the number of hours expended and the rate claimed. Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir.1990) (citing Hensley, 461 U.S. at 433, 103 S.Ct. at 1939). The burden then shifts to the opposing party to challenge, with specificity,[1] the reasonableness of the request. Id. While it is not permitted to reduce the requested amount based upon a factor not raised by the opposing party, the court possesses considerable discretion in fixing the fee amount in light of the objections. Bell v. United Princeton Properties, Inc., 884 F.2d 713, 721 (3d Cir. 1989).

With respect to the hours spent, the court should deduct hours from the calculation if they 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 prevailed. Moreover, the court should deduct hours that are not sufficiently documented. Id.

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Bluebook (online)
919 F. Supp. 821, 1996 U.S. Dist. LEXIS 2882, 1996 WL 107890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schofield-v-trustees-of-university-of-pennsylvania-paed-1996.