Tridico v. District of Columbia

235 F. Supp. 3d 100, 2017 WL 398320, 2017 U.S. Dist. LEXIS 12173
District Court, District of Columbia·Decided January 30, 2017·No. Civil Action No. 13-0937 (ESH)·Published·Cited by 18 cases

Opinion

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, United States District Judge .

Plaintiff Philip Tridico has moved for attorneys fees and costs pursuant to 42 U.S.C. § 2000e-5(k) and 38 U.S.C. § 4323(h)(2), under which the Court has discretion to award reasonable fees to a prevailing-party. (Pl.s Mem. in Supp. of Mot. for Attorneys Fees and Costs [ECF No. 76] at 3 (“Pis. Mot.”).) Defendant, the District of Columbia (the “District”), does not dispute that plaintiff is entitled to fees, but it argues that Tridicos request of $314,734.62 in fees and $2,797.66 in costs is unreasonable and should be denied in part. (See Def.s Oppn Br. [ECF No. 79] at 1; Pis Reply Br. [ECF No. at 23].) The District proposes various reductions in fees and costs, for a total recovery of no more than. $151,061.97. (Def.s Oppn Br. at 2-3.) The Court agrees that Tridico is not entitled to the full amount requested, though he is entitled to more than the District proposes to pay. Therefore, Tridi-cos motion will be granted in part and denied in part.

BACKGROUND

The background, of this case has been laid out in great detail in the Courts previous Memorandum Opinion. See Tridico v. Dist. of Columbia, 130 F.Supp.3d 17, 19-23 (D.D.C. 2015). The Court will therefore recite only the facts relevant to Tridicos fee petition.

Tridico, a Roman Catholic who previously served in the United States Marine Corps and the Marine Corps Reserves, became a police officer in the District of Columbia Metropolitan Police Department in 2006. In 2013, Tridico brought this action against the District, alleging that he was subjected to discrimination, retaliation, and a hostile work environment on the basis of his • religion, in violation of Title VII of the Civil Rights Act, 42 U.S.C. .§ 2000e ei seq., and on the basis of his prior military service, in violation of the Uniformed Services .Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq. (Compl., June 21, 2013, [ECF No. 1] at 10-12.).1

[104]*104The District moved for summary judgment, which the Court granted in part and denied in part. See Tridico, 130 F.Supp.3d at 19. Following summary judgment, four of Tridicos five surviving claims went to trial: (1) hostile work environment under Title VII; (2) retaliation under Title VII; (3) hostile work environment under US-ERRA; and (4) retaliation under USER-RA. (Order, Dec. 23, 2015 [ECF No. 49].) A jury heard the case over four days beginning on December 11, 2015.

After deliberations, the jury returned a verdict in favor of Tridico on his Title VII claims. (See Verdict Form [ECF No. 70].) Specifically, the jury found that Tridico proved by a preponderance of the evidence that (1) the District “subjected [Tridico] to unwelcome harassment based on his religion that was so severe or pervasive ... as to affect a term, condition, or privilege of [Tridicos] employment;” (2) Tridico “complained to his superiors about harassment ... and [the District] subjected [Tridico] to an adverse employment action when it transferred him out of the VICE unit;” and (3) the District “would not have transferred [Tridico] out of the VICE unit but for his complaint about harassment based on his religion.” (Id. at 1-2.) As a result of its finding on the Title VII claim, the jury awarded Tridico $20,000 in compensatory damages for “emotional pain, suffering, inconvenience, mental anguish, and/or other non-monetary losses.”2

By contrast, the jury found in favor of the District on Tridicos USERRA claims. The jury determined that Tridico proved by a preponderance of the evidence that (1) the District “subjected [Tridico] to unwelcome harassment based on his prior military service that was so severe or pervasive ... as to affect a term, condition, or privilege of [Tridicos] employment,” and (2) Tridico “complained to his superiors about harassment ... based on his prior military service, and that [the District] subjected [Tridico] to an adverse employment action when it transferred him out of the VICE unit.” (Id. at 2.) However, the jury did not find that Tridico proved eau-sation-that his complaint about harassment “was a substantial or motivating factor” in the adverse employment action. (See id.) Thus, the jury did not award any damages for Tridicos USERRA claim. (Id. at 3.)3

LEGAL STANDARD

The Court has discretion to award a prevailing party reasonable attorneys fees and costs in Title VII and USERRA actions. See 42 U.S.C. § 2000e-5(k) (“In any action or proceeding under [Title VII], the court, in its discretion, may allow the prevailing party ... a reasonable attorneys fee”); 38 U.S.C. § 4323(h)(2) (“In any action or proceeding to enforce a provision of [USERRA] ..., the court may award any such person who prevails in such action or proceeding reasonable attorney fees, • ex[105]*105pert witness fees, and other litigation expenses”). A party seeking attorneys fees and expenses must file a motion to the Court which “specifies] the judgment and the statute, rule, or other grounds entitling the movant to the award” and stating the amount sought. Fed. R. Civ. P. 54(d)(2)(B).

In a fee petition, the moving party “bears the burden of establishing entitlement to an award, documenting the appropriate hours, and justifying the reasonableness of the rates.” Covington v. Dist of Columbia, 57 F.3d 1101, 1107 (D.C. Cir. 1995). The movant may satisfy this burden by presenting evidence of “the attorneys billing practices; the attorneys skill, experience, and reputation; and the prevailing market rates in the relevant community.” Id. After such evidence has been presented, the burden shifts to the party opposing the fee petition to rebut the reasonableness of the requested award. Id. at 1109-10.

In evaluating a fee petition, the Court first determines whether the movant was the prevailing party, and second whether the movants fee request is reasonable. Does I, II, III v. D.C, 448 F.Supp.2d 137, 140 (D.D.C. 2006). To determine whether the fee request is reasonable, courts engage in a three-step analysis: “(1) determination of the number of hours reasonably expended'in litigation; (2). determination of a reasonable hourly rate or ‘lodestar’; and (3) the use of multipliers as merited.” Covington, 57 F.3d at 1107 (quoting Save Our Cumberland Mountains, Inc., et al. v. Hodel, 857 F.2d 1516 (D.C. Cir 1988)). Even after courts determine the lodestar figure, they may reduce the overall award to account for, inter alia, limited success on the merits and unreasonable billing practices. See, e.g., Craig v. Dist. of Columbia, No. CV 11-1200, 197 F.Supp.3d 268, 282, 2016 WL 3926253, at *9 (D.D.C. July 15, 2016).

ANALYSIS

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Tridico v. District of Columbia, 235 F. Supp. 3d 100, 2017 WL 398320, 2017 U.S. Dist. LEXIS 12173 (D.D.C. 2017).

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