Woods v. Willis

986 F. Supp. 2d 900, 2013 WL 6276375, 2013 U.S. Dist. LEXIS 170944
District Court, N.D. Ohio·Decided December 4, 2013·No. Case No. 3:09CV2412·Published·Cited by 1 cases

Opinion

ORDER

JAMES G. CARR, Senior District Judge.

This is an action by low-income individuals whose residential tenancies in Lucas County, Ohio, the Lucas Metropolitan Housing Authority (LMHA) supports through its Housing Choice Voucher (HCV) program. Plaintiffs sued three [901]*901LMHA employees, alleging eight claims as to each defendant.1

The defendants sought dismissal of all claims under Fed.R.Civ.P. 12(b)(6). I granted the motion as to all claims by one plaintiff and as to some of the claims by the other two plaintiffs. This left claims of lack of hearing officer impartiality as to the two remaining plaintiffs and a claim by one of them, Ms. Caulene Fuller, of a due process violation at her hearing. Woods v. Willis, 2010 WL 3808279 (N.D.Ohio Sept. 27, 2010). That claim, unique to Ms. Fuller and based on highly individualistic facts, was that the hearing officer decided to terminate her from the HCV program due to alleged fraud on her part solely on the basis of a hearsay letter.2

Summary judgment practice followed. I held that the hearing officer’s reliance solely on the hearsay letter violated Ms. Fuller’s right to due process. I granted summary judgment for the defendants as to her claim (and that of the other remaining plaintiff) that the hearing officers had not been impartial. Woods v. Willis, 825 F.Supp.2d 893, 902 (N.D.Ohio 2011), aff'd, 515 Fed.Appx. 471 (6th Cir.2013) (Unpublished disposition).

The hearing officer’s error at Ms. Fuller’s hearing, though of constitutional dimension, was isolated, idiosyncratic, unintentional, and aberrational. There was nothing systemic about it. It did not require prospective injunctive relief to remedy. Nor was any other relief needed in Ms. Fuller’s favor: by agreement of the parties, she had retained her HCV participation during the pendency of the litigation.

Following affirmance of my decision by the Sixth Circuit, Woods v. Willis, 515 Fed.Appx. 471 (6th Cir.2013) (Unpublished disposition), plaintiffs’ counsel submitted an application for an award of attorneys’ fees under 42 U.S.C. § 1988. (Doe. 86). In that petition, counsel, despite the minuscule extent, in relative and absolute terms, of their accomplishment, sought compensation in the amount of $213,909.40 for all work done on all claims.

In response, LMHA counsel argued, inter alia, that no award was allowable, as no plaintiff was a prevailing party as to any claim. I disagreed, finding that Ms. Fuller was a prevailing party as to one claim. Woods v. Willis, 981 F.Supp.2d 700, 702, 2013 WL 5406203, *2 (N.D.Ohio 2013). I ordered plaintiffs’ counsel to submit a revised fee petition limited to those fees and costs “which relate directly to their work on” the sole issue as to which they prevailed. Id. at 703, 2013 WL 5406203 *3 (emphasis supplied).

[902]*902Plaintiffs’ counsel has now submitted a revised fee petition, in which they now seek an award of $82,986.34. In other words, plaintiffs’ counsel claim that, for their work directly on the sole issue among the two dozen which they asserted, they are entitled to compensation of about one third of all the time they spent on the case.

Plaintiffs’ counsel have the burden of proof as to the reasonableness of their claimed fees. See, e.g., Reed v. Rhodes, 934 F.Supp. 1492, 1499 (N.D.Ohio 1996) (“Existing legal precedent recognizes that a prevailing applicant seeking fees bears the burden of proving entitlement to an award ... ”) (emphasis in original). Their revised petition fails to take fully and fairly into account how little their suit accomplished — especially when measured by the number of their unsuccessful claims and their contention that constitutional and statutory violations permeated the HCV program termination process.

I could find, and I believe I could do so without fear or risk of reversal, that plaintiffs’ counsel have failed to meet their burden of proof as to a reasonable award for the work done on the single successful claim. I decline, however, to deny the petition outright and in toto.3

The one claim on which plaintiffs prevailed raised a straightforward question: did Ms. Fuller receive due process when the hearing officer relied solely on hearsay in deciding to terminate her on the basis of defrauding the agency. This issue, viewed on its own, was not complex, and I had, candidly, little difficulty deciding it in her favor. Neither I nor counsel had to plumb any deep, murky, or obscure due process depths to argue, on the one hand, or for me to be persuaded, on the other, that the hearing officer had committed an error of constitutional magnitude.

Without acknowledging the relative simplicity of their sole successful claim, counsel seek to support their claim for $82,986.34 in fees and costs with inapposite and overly elaborate formulae, complex analysis, and extensive argument. Which leaves me with the most difficult challenge that can confront a judge in a civil case— or, at least, in my own view and experience, the most difficult task that I face in civil cases.

This task is difficult for several reasons. First, it calls on a judge to second guess the billing time allocation and billing judgment of experienced and reputable attorneys. This task calls on the judge to take the place of someone who does not exist in litigation of this sort: the cost-conscious, ever-attentive client who is an engaged and active participant from day one of the events giving rise to the litigation.

Here, of course, no one received monthly statements. No one had the expertise to question the soundness of the attorneys’ assessment of the viability of claims, or suggest that the time and expense of pursing one or more claims might not be worth the risk of failure in light of prevailing law. No one rides shotgun in cases like this.

Instead, the judge in a fee-shifting case serves as a post-hoc surrogate for the nonexistent bean counting client. The judge, moreover, is called on to declare, unlike the bean counting client, what was or was not reasonable long after the fact.

[903]*903At best this involves an element of guesswork and even speculation. To be sure, a judge who, like myself, has done this often, has a residuum of experience to guide the decision and control his or her instincts. But still, especially for a judge who, like myself, spent but few years in the hurly-burly of practice (and that long, long ago, when things were very, very different) has almost no in-built handholds as he or she tries to find the way.

Before me is a welter, a plethora, an excess of opaque computerized billing sheets, theory, contention, and argument about what I should do and why I should do it. Defense counsel still insists that nothing is due to the plaintiffs’ attorneys. While plaintiffs’ counsel have reduced their demand considerably, they still wants too much for having accomplished, by any objective measure, very little.

In this case, one mistake was spotted, challenged, and fixed (indeed, it was fixed early on by agreement of the parties). The agency did not have to make any course correction.

Free access — add to your briefcase to read the full text and ask questions with AI

Woods v. Willis, 986 F. Supp. 2d 900, 2013 WL 6276375, 2013 U.S. Dist. LEXIS 170944 (N.D. Ohio 2013).

986 F. Supp. 2d 900 (Woods v. Willis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Nancy Woods v. Linnie Willis
631 F. App'x 359 (Sixth Circuit, 2015)