Oskowis v. Sedona Oak-Creek Unified School District #9
Filing
134
ORDER: The District's amended motion for attorneys' fees (Doc. 124 ) is granted in part and denied in part; Oskowis's motion to review taxation of costs (Doc. 129 ) is granted in part and denied in part; Oskowis must pay the Distric t $41,244.38 in attorneys' fees; and The clerk of court is directed to amend its taxation order to tax costs for the District in the amount of $557.20. (See Order for further details.) Signed by Judge Dominic W Lanza on 10/9/2019. (SST)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Matthew Oskowis,
No. CV-17-08070-PCT-DWL
Plaintiff,
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ORDER
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v.
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Sedona Oak-Creek Unified School District
#9,
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Defendant.
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Pending before the Court is an amended motion for attorneys’ fees filed by
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Defendant Sedona Oak-Creek Unified School District #9 (“the District”) (Doc. 124) and a
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motion to review taxation of costs filed by Plaintiff Matthew Oskowis (Doc. 129). For the
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following reasons, both motions will be granted in part and denied in part.
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BACKGROUND
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Oskowis is the father of E.O., a minor diagnosed with infantile autism. Because
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E.O. suffers from an intellectual disability, he is entitled to a free appropriate public
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education (“FAPE”) as guaranteed by the Individuals with Disabilities Education Act
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(“IDEA”), 20 U.S.C. § 1400, et seq. This case arises from three administrative proceedings
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that were initiated when Oskowis filed due process complaints with the Arizona
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Department of Education, each arguing that E.O. had been denied a FAPE.
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Oskowis filed those due process complaints between June 2016 and March 2017,
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initiating administrative proceedings 16C-DP-066-ADE, 17C-DP-013-ADE, and 17C-DP-
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053-ADE. In each of those proceedings, the respective administrative law judge (“ALJ”)
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dismissed Oskowis’s complaint without a hearing, determining that the complaint was
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frivolous.
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On April 13, 2017, Oskowis filed this lawsuit. (Doc. 1.) The operative complaint
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asserted three causes of action, each corresponding to one of the administrative
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proceedings. (Doc. 17.) Oskowis claimed that the ALJs erred in dismissing his due process
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complaints. (Id.)
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On June 22, 2018, the District moved for summary judgment on all three causes of
action. (Doc. 68.)
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On February 19, 2019, the Court granted summary judgment in favor of the District.
(Doc. 77.)
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On August 22, 2019, the District filed an amended motion for attorneys’ fees. (Doc.
124.)
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On August 28, 2019, Oskowis filed a motion to review taxation of costs. (Doc.
129).
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DISCUSSION
I.
The District’s Motion For Attorneys’ Fees
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The District seeks attorneys’ fees incurred while defending the action in this Court
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and while pursuing the pending request for attorneys’ fees. It does not, in contrast, seek
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any fees arising from its defense of the three administrative proceedings. Nevertheless,
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because the administrative proceedings are relevant to understanding Oskowis’s causes of
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action in this case, the Court reviews them below.
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A.
Oskowis’s Causes Of Action
1. Cause Of Action I: 17C-DP-013-ADE
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Cause of Action I arose from administrative proceeding 17C-DP-013-ADE, which
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Oskowis initiated on September 1, 2016 by filing a due process complaint. (Doc. 17 ¶ 36.)
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Oskowis argued the District denied E.O. a FAPE by (1) failing “to monitor [E.O.’s]
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progress against the annual goals & objectives of [his] IEP [individualized education
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program] [and] their corresponding STOs [short term objectives]” and (2) failing “to
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engage the IEP Team to revise the IEP to address the lack of expected progress of [E.O.]
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toward those STOs.” (Id. ¶ 38.)
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The ALJ dismissed Oskowis’s due process complaint on March 10, 2017. (Doc.
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75-1 at 2-6.) The ALJ’s order concluded: “Petitioners’ Complaint fails as a matter of law
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and should be dismissed as the claims therein are not supported by the IDEA or its
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regulations. Given the [rejection of the same argument in past proceedings] and the lack
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of any support in the IDEA or its regulations on this claimed issued, the Petitioners’ instant
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Complaint is deemed to be frivolous.” (Doc. 75-1 at 6.)1
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This Court subsequently granted summary judgment in favor of the District on
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Cause of Action I, determining that the ALJ had properly rejected each of Oskowis’s claims
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in that proceeding. (Doc. 77.) The Court rejected Oskowis’s first claim—that the District
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had failed to monitor E.O.’s progress in relation to the objectives set out in his IEP—
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because, under the IDEA, how progress toward short-term objectives or benchmarks is to
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be monitored or provided “is left up to the IEP drafters.” (Id. at 9-10.) E.O.’s IEP “only
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required the District to provide three progress reports during the school year,” which
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Oskowis acknowledged he received. (Id.) The Court also rejected Oskowis’s second
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claim, that the District should have amended E.O.’s IEP because E.O. wasn’t meeting his
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STOs, because “[t]here is no requirement that a school revise an IEP midway through the
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school year when a student isn’t making progress toward STOs.” (Id. at 10-11.)
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2. Cause Of Action II: 16C-DP-066-ADE
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Cause of Action II arose from administrative proceeding 16C-DP-066-ADE, which
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Oskowis initiated on June 16, 2016 by filing a due process complaint. (Doc. 17 ¶ 57.)
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Oskowis argued the District denied E.O. a FAPE over three calendar years because: (1) the
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District didn’t provide a qualified paraprofessional to E.O.; (2) the paraprofessional
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provided by the District wasn’t adequately supervised by the special education teacher; and
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Although the order stated the “Complaint is dismissed as a matter of law for failure
to state a claim” (Doc. 75-1 at 6), it also included a footnote suggesting the ALJ was making
a “summary judgment determination” rather than “a possible sufficiency determination.”
(Doc. 75-1 at 2 n.1.)
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(3) the IDEA precluded E.O.’s paraprofessional from providing services within E.O.’s self-
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contained special education classroom. (Id. ¶ 59; Doc. 69-1 at 42-56.)
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The District filed a response on June 24, 2016. Included as attachments to the
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response were “affidavits from two of [E.O.’s] prior special education teachers attesting
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that they provided direct supervision of the paraprofessional” as well as evidence
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demonstrating the paraprofessional’s qualifications. (Doc. 75-1 at 11; see also Doc. 69
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¶¶ 12-15, 17-20.)
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During a “prehearing conference,” the ALJ asked Oskowis to address the evidence
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that had been submitted by the District. Oskowis “acknowledged . . . that [he] had no
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information or belief to support [his] allegation that the paraprofessional did not meet the
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requirements . . . to be considered a qualified paraprofessional” and similarly “offered no
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basis for [his] allegation that the special education teacher did not properly supervise the
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paraprofessional.” (Doc. 75-1 at 10-11; see also Doc. 69 ¶ 16.)
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Accordingly, on March 13, 2017, the ALJ issued an order dismissing Oskowis’s
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complaint for failure to state a claim. (Doc. 75-1 at 9-12.) The order concluded: “Given
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the baseless assertions presented in the Complaint, Petitioners’ Complaint is deemed
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frivolous. IT IS ORDERED granting Respondent School District’s Motion to Dismiss the
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Complaint.” (Id. at 12, emphasis omitted.)
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This Court granted summary judgment to the District on Cause of Action II, holding
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that the ALJ had properly dismissed each of Oskowis’s claims in that proceeding. (Doc.
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77 at 11-13.) First, the Court held that E.O.’s paraprofessional—Ms. Parry—was qualified
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because she “holds a high school diploma (Doc. 69-2 at 10) and she obtained a passing
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score on Education Testing Services’ ParaPro Assessment (id. at 12-15),” which means she
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satisfied the requirements to be deemed “highly qualified” under the NCLB, which was in
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effect during the three years at issue. (Doc. 77 at 12.) The Court also noted that, at the
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prehearing conference held by the ALJ in the administrative proceeding, Oskowis admitted
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“he didn’t have any evidence to show the paraprofessional was unqualified.” (Id., citing
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Doc. 75-1 at 10-11.)
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Second, for similar reasons, the Court upheld the ALJ’s determination that Oskowis
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hadn’t demonstrated that the special education teacher failed to supervise Ms. Parry. (Id.
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at 13.)
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administrative proceedings that satisfied each of the supervision requirements in the
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NCLB.2 Moreover, Oskowis “conceded, during the prehearing conference, that he didn’t
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have any contrary evidence,” and had, during an earlier due process hearing, “testified he
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had never observed E.O. in the classroom and didn’t have any first-hand knowledge of
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what occurred in the classroom.” (Doc. 77 at 13 & n.9, citing Doc. 75-1 at 11 n.2.)
The Court explained that the District had presented evidence during the
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Third, the Court determined the ALJ correctly rejected Oskowis’s claim “that the
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IDEA prohibits supplementary aids from rendering services outside a regular education
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classroom.” (Doc. 77 at 13.) This is because “[u]nder 34 C.F.R. § 300.42, ‘supplementary
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aids and services’ mean ‘aids, services, and other supports that are provided in regular
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education classes, other education-related settings, and in extracurricular and nonacademic
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settings, to enable children with disabilities to be educated with nondisabled children to the
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maximum extent appropriate . . . .’ Id. (emphases added). Therefore, “the ALJ properly
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concluded that ‘supplementary aids and services may be provided in a variety of academic
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and nonacademic settings’ (Doc. 75-1 at 11) and that Oskowis’s arguments on this issue
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didn’t state a claim as a matter of law.” (Doc. 77 at 13.)
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3. Cause Of Action III: 17C-DP-053-ADE
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The third cause of action arose from proceeding 17C-DP-053-ADE, which Oskowis
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initiated by filing a due process complaint on March 2, 2017. (Doc. 17 ¶ 78.) Oskowis
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alleged the District denied E.O. a FAPE because, between August 5, 2015 and December
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16, 2015, the District didn’t begin delivering services to E.O. until 9:00 a.m., which “would
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not allow enough time for the services of the IEP to be adequately delivered.” (Doc. 69-3
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at 8.)
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Under the NCLB, a paraprofessional works under the direct supervision of a special
education teacher if (1) “[t]he teacher plans the instructional activities that the
paraprofessional carries out”; (2) “[t]he teacher evaluates the achievement of the students
with whom the paraprofessional is working”; and (3) “[t]he paraprofessional works in close
and frequent physical proximity to the teacher.” 34 C.F.R. § 200.59(c)(2).
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The ALJ issued an order on March 10, 2017 dismissing Oskowis’s due process
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complaint and an order on March 28, 2017 denying reconsideration. (Doc. 75-1 at 14-17.)
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The March 28 order concluded: “Petitioners’ instant due process complaint fails as a matter
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of law and should be dismissed. Based on the fact that Petitioners’ previous two complaints
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on the exact same issue were dismissed, Petitioners knew or should have known that the
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Complaint does not raise a valid claim under the IDEA. For this reason, Petitioners’ instant
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due process complaint is deemed to be frivolous.” (Doc. 75-1 at 16.)
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This Court granted summary judgment on Cause of Action III in favor of the
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District. (Doc. 77 at 14-15.) The Court reasoned that, even if “the District didn’t begin
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delivering services to E.O. until 9:00 a.m.” each day, there would still be 1,725 minutes in
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the school week in which to administer E.O.’s IEP, and the IEP only provided for 1,170
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minutes of special instruction. (Id.) Thus, Oskowis failed to state a claim as a matter of
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law.
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B.
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The District moves for attorneys’ fees, arguing that Oskowis’s lawsuit was both
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frivolous and brought for an improper purpose. (Doc. 124.) The District seeks fees for
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both its defense of Oskowis’s claims and the time spent preparing its fee request. Banda
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v. Antelope Valley Union High Sch. Dist., 637 F. App’x 335, 336 (9th Cir. 2016) (district
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court may award “fees on fees”). 20 U.S.C. § 1415(i)(3)(B)(i)(III) permits the Court to
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award “reasonable attorneys’ fees as part of the costs” to a prevailing educational agency
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against a parent who brought an action “for any improper purpose, such as to harass, to
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cause unnecessary delay, or to needlessly increase the cost of litigation.” Thus, for the
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Court to award fees to the District, it must determine (1) the District was the prevailing
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party and (2) Oskowis brought the action for an improper purpose. If the Court finds in
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the affirmative on both those issues, it must assess the reasonableness of the fees sought.
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Analysis
1. Prevailing Party
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The District argues it was the prevailing party and Oskowis doesn’t dispute this
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assertion. The Court agrees. On February 19, 2019, the Court granted summary judgment
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to the District on all of Oskowis’s affirmative claims. (Doc. 77). A party that has obtained
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a judgment on the merits, like the District has here, is a prevailing party under the IDEA.
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P.N. v. Seattle Sch. Dist. No. 1, 474 F.3d 1165, 1172-73 (9th Cir. 2007) (holding that “some
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judicial sanction,” which includes a judgment on the merits, is necessary to be a “prevailing
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party” under the IDEA); G.M. v. Saddleback Valley Sch. Dist., 2012 WL 5947213, *1 n.3
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(C.D. Cal. 2012) (district that was successful in defending against IDEA action brought by
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parent was prevailing party).
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2. Improper Purpose
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The Court must first determine whether Oskowis’s action was frivolous before it
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considers whether the action was brought for an improper purpose. R.P. ex rel. C.P. v.
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Prescott Unified Sch. Dist., 631 F.3d 1117, 1126 (9th Cir. 2011) (“As a matter of law, a
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non-frivolous claim is never filed for an improper purpose.”).3
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When determining whether an action was frivolous, the district court should “resist
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the understandable temptation to engage in post hoc reasoning by concluding that, because
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a plaintiff did not ultimately prevail, his action must have been unreasonable or without
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foundation.” C.W. v. Capistrano Unified Sch. Dist., 784 F.3d 1237, 1245 (9th Cir. 2015)
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(citation omitted). Accordingly, “[a] case may be deemed frivolous only when the result
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is obvious or the . . . arguments of error are wholly without merit.” Id. (citation omitted).
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A case is less likely to be considered frivolous “when there is very little case law on point
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and a claim raises a novel question.” Id.
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All three of Oskowis’s causes of action were frivolous. First, Cause of Action I
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(17C-DP-013-ADE) was wholly without merit. Oskowis’s first claim, that the District
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wasn’t monitoring E.O.’s progress, was flatly contradicted by Oskowis’s acknowledgment
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that he had received three progress reports during the 2015-2016 school year. (Doc. 75-1
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at 5.) His second claim relied on an objectively baseless interpretation of the regulations
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The standard to determine whether a claim is frivolous under the IDEA is the same
as that employed in civil rights cases and, thus, the Court employs the standard developed
in Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421-22, (1978). R.P., 631 F.3d at
1124-25.
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implementing the IDEA that had previously been rejected. The Supreme Court has
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explained that an educational agency is required to review, and if appropriate, revise a
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child’s IEP, but not more frequently than each year. Bd. of Educ. of Hendrick Hudson
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Cent. Sch. Dist., Westchester Cty. v. Rowley, 458 U.S. 176, 182 (1982) (“Local or regional
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educational agencies must review, and where appropriate revise, each child’s IEP at least
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annually.) (citation omitted) (emphasis added). Oskowis had argued that the District was
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required to amend E.O.’s IEP “as appropriate,” which he asserted was more than once a
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year. (Doc. 70 at 6-7.) This wasn’t the first time Oskowis had unsuccessfully made this
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argument—in the administrative proceeding giving rise to this cause of action, the ALJ
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explained that, during an earlier administrative proceeding (Case No. 14C-DP-006-ADE),
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an ALJ had rejected Oskowis’s argument that the District failed to revise his IEP “as
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appropriate.” (Doc. 75-1 at 4.) Thus, Cause of Action I was frivolous.
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In his response to the District’s motion, Oskowis only identifies one reason why
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Count I should be deemed non-frivolous—because the underlying ALJ decisions were
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issued within a day of each other and he suspected this “strong temporal . . . relationship”
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showed the decisions were issued in retaliation for his filing of complaints against the
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District with the Arizona Department of Education. (Doc. 128-1 at 10.) This conspiracy
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theory hardly illustrates that the claims Oskowis was advancing in Count I had a reasonable
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foundation in fact or law.
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All three claims in Cause of Action II (16C-DP-066-ADE) were also frivolous.
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Oskowis’s first two claims, that E.O’s paraprofessional was unqualified and lacked
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adequate supervision, didn’t have any evidentiary support. Indeed, at a pre-hearing
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conference during the administrative proceeding, Oskowis “acknowledged . . . that [he]
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had no information or belief to support [his] allegation that the paraprofessional did not
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meet the requirements . . . to be considered a qualified paraprofessional” and similarly
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“offered no basis for [his] allegation that the special education teacher did not properly
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supervise the paraprofessional.” (Doc. 75-1 at 10-11.) At the same time, the District
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offered evidence affirmatively showing that E.O.’s paraprofessional was both qualified and
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adequately supervised. Nevertheless, Oskowis brought this action appealing the ALJ’s
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decision. Because Oskowis had no basis to believe that E.O’s paraprofessional was
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unqualified or inadequately supervised, those claims were frivolous.
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Oskowis’s third claim in Cause of Action II was frivolous as well. Oskowis’s legal
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argument that IDEA doesn’t allow a paraprofessional to provide services in a self-
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contained special education classroom is obviously wrong—the plain language of the
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statute explicitly provides that “supplementary aids and services” are “aids, services, and
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other supports that are provided in regular education classes [and] other education-related
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settings.” 34 C.F.R. § 300.42 (emphasis added).
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In his response to the District’s motion, Oskowis contends that Count II should be
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deemed non-frivolous (1) due to the same conspiracy theory he advances with respect to
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Count I (Doc. 128-1 at 10) and (2) because a litigant’s failure to submit affirmative
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evidence in support of a claim shouldn’t be viewed as proof the claim was frivolous (id. at
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11). These arguments are unavailing. As the District persuasively argues in its reply: “The
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failure to present additional evidence in an IDEA appeal alone does not indicate an
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improper purpose. However, in the specific context of Cause of Action #2, it very much
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does. Plaintiff’s claims in Cause of Action #2 in the underlying due process complaint
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failed because he ‘didn’t have any evidence to show the paraprofessional was unqualified
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or improperly supervised.’ Yet, he filed this lawsuit, and this Court granted the District’s
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summary judgment for the same reason. Plaintiff could not have objectively believed that
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this Court would overrule the ALJ’s decision in the absence of any evidence supporting his
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claims.” (Doc. 133 at 3, citation omitted.)
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Finally, Cause of Action III (17C-DP-053-ADE) was frivolous. Oskowis argued
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that, because E.O.’s bus arrived late to pick him up, there wasn’t enough time in the day to
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deliver the services required by his IEP. Notably, administrative proceeding 17C-DP-053-
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ADE was not the first time Oskowis had unsuccessfully argued E.O. was denied a FAPE
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because his bus was late. (Doc. 75-1 at 16.) Basic math disproves this theory. Even if the
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bus didn’t arrive until 9:00 a.m. each day, there were still 1,725 minutes of potential
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instruction time remaining per week. (Doc. 77 at 15.) E.O.’s IEP only provided for 1,170
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minutes of special education and related services per week. (Id.) Therefore, Oskowis’s
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argument that E.O. was deprived of a FAPE was baseless.
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In his response to the District’s motion, Oskowis contends that Count III should be
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deemed non-frivolous because the ALJs failed to clearly indicate, in the administrative
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orders denying his earlier complaints concerning the late bus, that the orders were final
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judgments. (Doc. 128-1 at 7-9.) But this argument misses the point—Oskowis has not
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identified any objective reason why he could have reasonably hoped to prevail on this
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claim.
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Finally, Oskowis also argues that, in general, his claims couldn’t have been
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frivolous because the District filed a Rule 12(c) motion for judgment on the pleadings at
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the outset of the case (Doc. 38), this motion was stricken due to the District’s failure to
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meet-and-confer with him before filing it (Doc. 61), and the District thereafter declined to
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refile it. (Doc. 128-1 at 4-7.) According to Oskowis, “the District’s failure to refile their
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12(c) Motion is in itself a clear indication that [the] District was acknowledging through
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inaction that the . . . Amended Complaint actually had claim(s) on which relief could be
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granted.” (Id. at 6-7.) But there are all sorts of legitimate tactical reasons why the District
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could have concluded the most efficient way to dispose of Oskowis’s frivolous claims,
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after its Rule 12(c) motion was stricken, was to proceed to summary judgment. Indeed,
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the order granting Oskowis’s motion to strike the Rule 12(c) motion noted that the “volume
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and substance” of the parties’ early motions was “very concerning to the Court in that they
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are highly indicative of . . . the parties’ general inability to engage in good faith discussions
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prior to seeking judicial intervention.” (Doc. 61 at 1 n.1.)
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Having determined the action was frivolous, the Court next considers whether
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Oskowis brought the action for an improper purpose. IDEA’s improper-purpose prong
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“comes from another well-established Federal law: Federal Rule of Civil Procedure 11,”
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R.P., 631 F.3d at 1124, so Rule 11(b) governs the Court’s analysis, C.W., 784 F.3d at 1248.
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20 U.S.C. § 1415(i)(3)(B)(i)(III) “gives examples of improper purposes, including ‘to
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harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.’” C.W.,
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784 F.3d at 1244. “An improper purpose is tested by objective standards and may be found
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where a motion or paper, other than a complaint, is filed in the context of a persistent
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pattern of clearly abusive litigation activity.”
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quotation marks omitted).
Id. at 1248-49 (citations and internal
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The Court agrees with the District that Oskowis brought this action for the improper
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purposes of harassing the District and driving up litigation costs. Over the past nine years,
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Oskowis has initiated 43 separate legal actions against the District. Although it is true, as
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Oskowis points out in his response, that a handful of those actions resulted in rulings in
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Oskowis’s favor (Doc. 128-1 at 1-2, 14-15), the overall pattern is one of excessive
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litigiousness. More important, in this action, Oskowis advanced frivolous, indefensible
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claims and consistently exhibited harassing litigation tactics. For example, Oskowis filed
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five motions to strike. (Docs. 21, 32, 39, 88, 110.) “[M]otions to strike often needlessly
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extend litigation . . . [and] are generally disfavored.” McAllister v. Adecco USA Inc., 2017
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WL 11151051, *2 (D. Haw. 2017) (citation omitted). Oskowis also opposed the District’s
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request for a 10-day extension to file a reply in support of its motion for summary
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judgment. (Doc. 73.)
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Oskowis’s most blatant gamesmanship occurred with respect to the District’s
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motion for attorneys’ fees. On April 24, 2019, the Court issued an order holding that the
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District couldn’t move for attorneys’ fees until a final judgment was entered. (Doc. 101.)
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In response, the District moved to dismiss its counterclaims so there could be a final
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judgment. (Doc. 104.) In response, Oskowis stated he would “consent to the dismissal of
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the District’s counterclaims, if the District’s counterclaims [were] dismissed with
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prejudice.” (Doc. 105 at 2.) Oskowis explained that he was “concerned if the District fails
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to prevail to collect attorney fees under Rule 54 and that the current counterclaims are
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dismissed without prejudice, that the District can pursue the current counterclaims for
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attorney fees again either in federal or state court.” (Id.) The Court considered Oskowis’s
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concerns and dismissed the District’s counterclaims with prejudice, but specifically noted
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in its dismissal order that the District could still file a motion for attorneys’ fees “[w]ithin
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14 days of entry of judgment.” (Doc. 107.) After the District timely filed such a motion,
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Oskowis moved to strike, arguing that the Court had “granted [his] request that the
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District’s counterclaims be dismissed with prejudice,” which “effectively precludes the
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District from seeking attorney’s fees and costs.” (Doc. 110 at 1-2.) In hindsight, Oskowis’s
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offer to consent to dismissal with prejudice appears to have been an attempt to trick the
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District into agreeing to seek dismissal, so that Oskowis could then argue the with-
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prejudice dismissal precluded the District from recovering attorneys’ fees against him.
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In sum, Oskowis’s tactics in litigating this case demonstrate he brought this action
for the improper purposes of harassing the District and driving up litigation costs.
3. Reasonableness Of Attorney Fees
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The District seeks attorneys’ fees in the amount of $47,627.54 for defending this
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action and seeking attorneys’ fees. (Doc. 133 at 7.) Pursuant to the Court’s June 24, 2019
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order, the District provided the Court with an electronic Microsoft Excel spreadsheet
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“containing an itemized statement of legal services with all information required by Local
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Rule 54.2(e)(1).” (Doc. 107 at 2.) In response, Oskowis indicated in the spreadsheet his
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objections to each contested entry. The District then provided responses to Oskowis’s
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objections and voluntarily reduced some of the entries. The final version of the spreadsheet
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is provided as an attachment to this order.
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“The burden of establishing entitlement to an attorneys’ fees award lies solely with
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the claimant. . . . Where the documentation is inadequate, the district court is free to reduce
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an applicant’s fee award accordingly.” Trustees of Directors Guild of Am.-Producer
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Pension Benefits Plans v. Tise, 234 F.3d 415, 427 (9th Cir.), opinion amended on denial of
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reh’g, 255 F.3d 661 (9th Cir. 2000); see also LRCiv. 54.2(e)(2) (“If the time descriptions
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are incomplete, or if such descriptions fail to adequately describe the service rendered, the
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court may reduce the award accordingly.”).
27
The Court has reviewed each contested billing entry. Rather than address each one
28
individually, which would unnecessarily lengthen this opinion (there are more than 200
- 12 -
1
contested entries), the Court has organized the entries into categories.
2
a. Duplicate Time Entries
3
Oskowis identifies several time entries that he argues are duplicates.4 The District
4
acknowledges that many of those time entries are duplicates, due to “an error in
5
transcription from the billing statement to the Excel spread sheet.” (Doc. 133 at 4.) The
6
Court will not award fees for the duplicates.
7
The District has indicated that the remaining contested entries, reference numbers
8
91-92, 882, 1034, and 1039, are multiple entries for tasks that were done over a continuing
9
period of time, rather than duplicates. Specifically, reference numbers 882, 1034, and 1039
10
all relate to drafting the motion for summary judgment and the reply, which the District
11
argues it “researched, drafted, and revised over the course of several days if not weeks.”
12
(Id. at 5.) The Court is satisfied those entries aren’t duplicates, so it won’t remove them as
13
such.
14
b. Excessive Or Unnecessary Time Entries
15
Oskowis objects to 15 entries as “excessive, redundant or otherwise unnecessary.”
16
(Doc. 128-1 at 12.)5 He argues that certain individuals “never billed for less than 0.2 of an
17
hour, even for those time entries that would reasonably take less than 0.1 of an hour (or 6
18
minutes) to do so.” (Id.)
19
The District has voluntarily deleted reference number 970. The District has also
20
voluntarily reduced reference numbers 12, 27, 58, 70, 216, 217, 249, 840, 908, and 1062.
21
The District’s reduction of each of these reference numbers (most by .1) is sufficient. As
22
for two other challenged entries—reference numbers 225 and 609—the District notes these
23
entries had “already been discounted by 50 percent.” The District’s reduction of the entries
24
by half is sufficient.
25
26
27
28
Finally, the District contends that reference numbers 90 (Review Notice of Service
4
The time entries at issue are reference numbers 26, 91-92, 373, 391, 399, 404-406,
411-413, 421-423, 442, 451, 461, 529, 544, 619, 621, 634, 735, 767, 830, 864, 867, 882,
899, 901, 909, 1034, 1039, 1043-1044, and 1048.
5
The time entries at issue are reference numbers 12, 27, 58, 70, 90, 158, 216, 217,
225, 249, 609, 840, 908, 970, and 1062.
- 13 -
1
of Amended Complaint: .2 hours) and 158 (E-mail M. Oskowis regarding scheduling: .2
2
hours) aren’t excessive, redundant, or otherwise unnecessary. The Court agrees that these
3
fees are reasonable.
4
c. Vague Time Entries
5
Oskowis argues that more than 200 of the District’s time entries are “[l]acking
6
appropriate detail” pursuant to LRCiv 54.2(e)(2). The Court has reviewed each entry for
7
sufficiency under the local rules.
8
First, there are 15 entries related to telephone calls or telephone conferences that fail
9
to provide sufficient details. The Local Rules provide that, when seeking attorneys’ fees
10
for telephone conferences, the “time entry must identify all participants and the reason for
11
the telephone call.” LRCiv 54.2(e)(2)(A). Fourteen of the telephone entries don’t include
12
the subject matter of the conversation6 and one fails to identify the counterparty.7 The
13
Court will not award fees for these 15 entries.
14
Next, there are approximately 40 entries related to drafting or reviewing emails or
15
letters that fail to provide sufficient details. Although the local rules don’t provide an
16
explanatory example for how emails or letters should be documented in an attorneys’ fee
17
motion, the closest parallel is telephone conferences. See LRCiv 54.2(e)(2)(A). Thus, the
18
Court will not grant attorneys’ fees for email/letter time entries that don’t identify to whom
19
the email/letter was sent8 or the subject matter of the email/letter.9
20
6
21
22
23
24
25
26
27
28
Those entries are reference numbers 8, 26, 28, 32, 168, 459, 599, 603, 606, 619,
623, 626, 673, and 863.
7
That entry is reference number 1016.
8
The email/letter time entries without a listed recipient are reference numbers 716,
924, and 998.
9
The email/letter time entries without the subject matter listed are reference numbers
1, 25, 30, 46, 48, 50, 52-55, 64, 93, 137, 286, 395, 504, 592, 605, 620, 624, 627-628, 752,
798, 805, 809, 826, 868, 875-876, 883-884, 890, 898, 920, 1040, 1061, and 1089. Some
of these entries were voluntarily deleted by the District. As to the remaining entries,
although the District argues that some of the emails and letters are protected by attorneyclient privilege, the District could have indicated the subject matter of the emails/letters
without violating that privilege. Stein v. Tri-City Healthcare Dist., 2014 WL 12695385,
*2 (S.D. Cal. 2014) (“The attorney-client privilege attaches to the content of the
communications between the client and attorney, not the fact or general topic of the
confidential communication.”).
- 14 -
1
There are approximately 40 entries related to reviewing various documents. In 30
2
of those entries, the District indicated that it reviewed various documents filed with the
3
Court or otherwise provided sufficient detail regarding exactly what was reviewed. See,
4
e.g., reference number 166 (“Review Joint Statement and Oskowis’ response”); reference
5
number 891 (“Review joint report and good faith settlement talks”); reference number 939
6
(“Read MO’s due process complaint”). The Court will award attorneys’ fees for those
7
entries.10 The Court deems insufficient, however, those entries in which the District didn’t
8
make clear what exactly it reviewed.11
9
The largest category of time entries relates to drafting, revising, and editing various
10
documents filed with the Court. This category includes 105 entries. When seeking
11
attorneys’ fees for preparing pleadings or other papers, LRCiv 54.2(e)(2)(C) requires that
12
the time entry “identify the pleading, paper or other document prepared and the activities
13
associated with its preparation.” Each of the 105 entries indicates the document being
14
prepared and associated task (i.e., drafting, revising, editing, finalizing). The Court will
15
therefore award attorneys’ fees for those tasks.12
16
Finally, there are some miscellaneous time entries. For example, there are four
17
entries related to fact development. Three of those entries—reference numbers 117, 239,
18
and 865—specify the document for which the fact investigation was being conducted. The
19
Court will award attorneys’ fees for those entries. However, the Court won’t award
20
attorneys’ fees for reference number 704, which merely states “strategy and fact finding.”
21
Next, there are three entries related to research. LRCiv 54.2(e)(2)(B) requires that those
22
10
23
24
25
26
27
28
Those entries are reference numbers 22, 166, 311, 327, 330, 369, 371, 591, 602,
607, 608, 611, 618, 622, 625, 635, 686, 810, 819, 827, 851, 853, 854, 891, 900, 906, 917,
939, 973, and 984.
11
Those entries are reference numbers 84, 361-362, 523, 598, 703, 717, 731, 907, 928,
and 1054. The District has already voluntarily deleted some of those.
12
Those entries are reference numbers 20, 42, 59, 67, 76, 79, 80, 82, 96, 102, 116,
139, 141, 143, 147, 153, 160, 113, 164, 174, 176, 177, 182, 186, 198, 209, 232, 235, 240,
241, 242, 243, 248, 257, 258, 259, 263, 372, 376, 402, 414, 443, 488, 490, 494, 498, 524,
530, 531, 536, 539, 550, 541, 581, 584, 604, 672, 693, 733, 734, 751, 768, 796, 797, 807,
849, 888, 889, 922, 948, 951, 954, 961, 962, 963, 969, 971, 972, 974, 975, 976, 979, 986,
987, 988, 993, 995, 996, 1020, 1027, 1036, 1037, 1039, 1042, 1047, 1049, 1059, 1060,
1071, 1078, 1080, 1085, 1088, 1092, and 1094.
- 15 -
1
entries “identify the specific legal issue researched and, if appropriate, . . . identify the
2
pleading or document the preparation of which occasioned the conduct of the research.”
3
None of the research entries “identify the specific legal issue researched.”13 And reference
4
numbers 305, 307, 328, 385, and 866 are either too vague or do not make clear what exactly
5
was done. Accordingly, the Court won’t award attorneys’ fees for those time entries.
6
d. Other Objections
7
Oskowis objects to several entries as “block billing.”14 The Court will not reduce
8
the fees based on this objection. First, to the extent these entries were deficient for other
9
reasons, the Court has already addressed those deficiencies and reduced the fees
10
accordingly. Second, as the District indicated in some of its responses, many of the entries
11
at issue were not actually block-billing. Third, Oskowis has not pointed to a rule or any
12
case law categorically prohibiting block-billing—although the Ninth Circuit has stated that
13
“block billing makes it more difficult to determine how much time was spent on particular
14
activities,” Welch v. Metro. Life Ins. Co., 480 F.3d 942, 948 (9th Cir. 2007), because the
15
entries provided sufficient detail regarding the various tasks that were performed, the fact
16
that the tasks are included in a single entry does not render the entries deficient.
17
Oskowis also objects to several entries on the basis that “[i]nter-office
18
communications should not be billed.”15 He contends “[c]ommunications within a law
19
firm, regarding the case, whether personal, phone, or email should be part of doing business
20
and thus part of the firm[’]s overhead.” (Doc. 128-1 at 13.) The Court rejects this
21
objection. Oskowis does not cite any rule or case law in support of this objection and the
22
Court finds this is a proper task for attorneys to bill.
23
24
25
13
Those entries are reference numbers 255, 1032, and 1072.
Those entries are reference numbers 57, 63, 85, 101, 116, 136, 139, 163, 166, 193,
200, 213, 234, 383, 432, 437, 478, 491, 493, 496, 524, 552, 553, 556, 586, 591, 598, 635,
672, 686, 751, 876, 891, 906, 931, 951, 953, 965, 968, 976, 987, 989, 990, 991, 994, 1034,
1037, 1039, 1074, and 1091.
15
Those entries are reference numbers 218, 360, 370, 382, 496, 610, 799, 877, 930,
942, 943, 945, 951, 978, 983, and 1053.
14
26
27
28
- 16 -
1
e. Total Award
2
After adjusting the amount sought consistent with the reductions identified above,
3
the Court awards the District $41,244.38.16
4
II.
Oskowis’s Motion To Review Taxation Of Costs
5
On July 25, 2019, the District filed an amended bill of costs seeking $574.70. (Doc.
6
119.) These costs include “[f]ees for service of summons and subpoena” ($177.50) and
7
“[f]ees for printed or electronically recorded transcripts necessarily obtained for use in the
8
case” ($397.20). (Id. at 1.) The District attached corresponding receipts. (Id. at 3-4.)
9
Oskowis filed objections to the amended bill of costs. (Doc. 120.) His objections
10
fall into two categories: (1) the District’s alleged costs were not associated with Oskowis’s
11
affirmative claims and were instead only associated with the District’s counterclaims,
12
which the District voluntarily dismissed, and (2) under LRCiv. 54.1(e)(3), a party may not
13
seek deposition costs “associated with a video recording,” so the District cannot seek
14
subpoena or transcript fees related to the video-recorded deposition. (Id. at 3-5.)
15
16
On August 21, 2019, the clerk taxed costs in the amount of $574.70 for the District.
(Doc. 123.)
17
Oskowis moves for the Court to (1) “review the action of the Clerk in taxing costs,
18
on the ground that the nature and amount of costs taxed for service of summons and
19
subpoena, and printed or electronically recorded transcripts necessarily obtained for use in
20
the case are incorrect and contrary to law,” and (2) “direct[] the Clerk to re-tax and adjust
21
the costs.” (Doc. 129.) The District has filed a response. (Doc. 132.)
22
The motion will be denied. First, that the deposition was used in connection with
23
the District’s counterclaims seeking attorneys’ fees is not a valid basis to object to the
24
deposition costs. Recoverable costs in an IDEA case are those set forth in 28 U.S.C.
25
§ 1920. Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291, 297-98 (2006).
26
That statute permits a court to tax as costs “[f]ees of the clerk and marshal,” which the
27
16
28
This number was generated by reducing the total of the adjusted fees, $54,992.50,
by 25 percent, which is what the District had agreed to do in its motion and reply. (Doc.
124-2 at 12; Doc. 133 at 7 n.1.)
- 17 -
1
Local Rules have clarified covers service fees, LRCiv. 54.1(e)(1), as well as “[f]ees for
2
printed or electronically recorded transcripts necessarily obtained for use in the case,” 28
3
U.S.C. § 1920(1)-(2). Neither 20 U.S.C. § 1415(i)(3)(B)(i)(III) nor 28 U.S.C. § 1920 limits
4
costs to those incurred in connection with defending against the opposing party’s claims.
5
Here, the costs the District is seeking could be characterized as incurred in connection with
6
litigating the District’s counterclaims or in seeking attorneys’ fees. Oskowis has not cited,
7
and the Court is not aware of, any authority prohibiting the Court from awarding such costs.
8
Thus, the Court will not deny the District’s request for costs on that basis.
9
The Court also rejects Oskowis’s second objection—that the District’s deposition
10
costs are not recoverable because they were incurred in connection with a videotaped
11
deposition. LRCiv. 54.1(e)(3), the provision addressing taxable deposition costs, states
12
that “[c]osts associated with a video recording are not taxable.” Notably, it does not state
13
that all costs associated with a videotaped deposition are not taxable.
14
interpretation of that provision is that costs incurred in connection with a videotaped
15
deposition, other than those associated with the actual recording of the deposition, remain
16
taxable. The District provided in its response that it contacted the deposition reporting
17
service to determine why the invoice states “Rate Reflects Videotaped Deposition” and
18
learned it was charged 25 cents more per page for transcription because the deposition was
19
videotaped. (Doc. 132 at 3.) Thus, the District has agreed to decrease the costs it is seeking
20
by $17.50, which is equal to the number of pages of the transcript (70) multiplied by 25
21
cents.
22
challenging this concession.
23
24
The logical
This seems reasonable to the Court, and Oskowis chose not to file a reply
Thus, the clerk of court is directed to amend its taxation order to tax costs for the
District in the amount of $557.20.
25
…
26
…
27
…
28
…
- 18 -
1
Accordingly, IT IS ORDERED that:
2
(1)
3
4
5
The District’s amended motion for attorneys’ fees (Doc. 124) is granted in
part and denied in part;
(2)
Oskowis’s motion to review taxation of costs (Doc. 129) is granted in part
and denied in part;
6
(3)
Oskowis must pay the District $41,244.38 in attorneys’ fees; and
7
(4)
The clerk of court is directed to amend its taxation order to tax costs for the
8
9
District in the amount of $557.20.
Dated this 9th day of October, 2019.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 19 -
Ref # Date
Time
Keeper
1
4/19/2017 PMH
2
4/19/2017 ADI
4
5
7
4/20/2017 PMH
4/20/2017 ADI
4/24/2017 PMH
8
4/24/2017 PMH
9
4/24/2017 ADI
12
4/25/2017 ADI
13
4/25/2017 ADI
14
4/25/2017 ADI
15
4/25/2017 ADI
16
4/25/2017 ADI
17
18
Description
Review email from G. Staton and
respond (2X).
Review emails from Georgia Staton
regarding new Complaint.
Review acceptance of service; email
District.
Review venue requirement.
Review complaint/file.
Telephone conference with G. Staton
and G. Lewis.
Review service of process and
authorization policy.
Draft Notice of Appearance.
Telephone conference with Kacey
Gregson regarding outstanding
decisions.
Draft letter to Matthew Oskowis
regarding assignment of case.
Review docket and Magistrate Judge
jurisdiction consent form.
Hours
Amount
Revised
The District's Response Hours
The description of the
service is adequate.
Lacking appropriate detail. Moreover, attorney work
product.
LRCiv 54.2(e)(2)
Halved Billing Issue Identified
0.40 $ 80.00 N
Revised
Charge
0.20 $ 35.00 N
$ 35.00
0.40 $ 80.00 N
0.30 $ 52.50 N
1.00 $ 200.00 N
$ 80.00
$ 52.50
$ 200.00
0.60 $ 120.00 N
The description of the
service is adequate.
Lacking appropriate detail. Moreover, attorney work
product.
LRCiv 54.2(e)(2)
0.20 $ 35.00 N
0.40 $ 70.00 N
$ 35.00
Excessive, redundant or
otherwise unnecessary.
The District has
decreased this entry to .1
0.1 $ 17.50
0.30 $ 52.50 N
$ 52.50
0.30 $ 52.50 N
$ 52.50
0.30 $ 52.50 N
$ 52.50
0.30 $ 52.50 N
$ 52.50
4/25/2017 PMH
4/25/2017 ADI
Review FRCP 19 (Required Joinder).
Telephone conference with M.
Remus regarding service of
complaint.
Review FRCP 13 (Counterclaims).
0.20 $ 40.00 N
0.30 $ 26.25 Y
$ 40.00
$ 26.25
19
4/25/2017 PMH
Review Trust Documents and sign.
0.20 $ 20.00 Y
20
4/26/2017 ADI
0.80 $ 140.00 N
21
4/27/2017 ADI
Draft Answer to Complaint.
Draft letter to Plaintiff Parent
regarding Waiver of Service and
Defect of Complaint.
22
4/27/2017 PMH
23
4/27/2017 ADI
24
4/27/2017 PMH
Review answer.
Revise letter to Plaintiff Parent
regarding waiver and conferral.
Review letter to M. Oskowis
regarding notice.
0.60 $ 105.00 N
0.40 $ 80.00 N
The description of the
Lacking appropriate detail. service provided is
adequate.
LRCiv 54.2(e)(2)
The description of the
Lacking appropriate detail. service provided is
adequate.
LRCiv 54.2(e)(2)
$ 20.00
$ 140.00
$ 105.00
$ 80.00
0.40 $ 70.00 N
$ 70.00
0.30 $ 60.00 N
$ 60.00
25
4/27/2017 PMH
Review email from M. Remus and
letter.
0.30 $ 60.00 N
26
4/27/2017 PMH
Telephone conference with M.
Wright.
0.30 $ 60.00 N
The description of the
service provided is
Lacking appropriate detail. adequate. Moreover,
attorney client privilege
LRCiv 54.2(e)(2)
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge #33 spread sheet.
27
4/27/2017 PMH
Review and sign waiver of service.
0.20 $ 40.00 N
Excessive, redundant or
otherwise unnecessary.
0.20 $ 40.00 N
The description of the
service provided is
Lacking appropriate detail. adequate. Moreover,
attorney client privilege.
LRCiv 54.2(e)(2)
28
4/27/2017 PMH
29
4/27/2017 ADI
Telephone conference with M.
Remus.
Review Order discouraging 12(b)
Motions.
The District has
decreased this entry to .1
0.20 $ 35.00 N
30
4/27/2017 ADI
Review email from Michael Remus
and departure letter.
0.20 $ 35.00 N
31
4/27/2017 ADI
Facts investigation regarding service,
venue, counterclaim and joinder
$ 35.00
The description of the
service provided is
Lacking appropriate detail. adequate. Moreover,
attorney client privilege.
LRCiv 54.2(e)(2)
0.40 $ 35.00 Y
32
37
4/27/2017 ADI
Telephone Conference with
Matthew Wright
0.30 $ 26.25 Y
4/28/2017 ADI
Review complaint and Orders of
Dismissal in 17C‐DP‐044‐ADE, 17C‐
DP‐048‐ADE, and 17C‐DP‐053‐ADE
0.80 $ 140.00 N
0.1 $ 20.00
$ 35.00
The description of the
service provided is
Lacking appropriate detail. adequate. Moreover,
attorney client privilege.
LRCiv 54.2(e)(2)
$ 140.00
Ref # Date
Time
Keeper
38
4/28/2017 ADI
39
4/28/2017 ADI
40
4/28/2017 PMH
41
4/28/2017 ADI
Description
Review Complaint and Order of
Dismissal in 16C‐DP‐066‐ADE.
Review Complaint and Order of
Dismissal in 17C‐DP‐013‐ADE.
Letter to Oskowis with Waiver of
Service.
Review 34 CFR 300.577 related to
award of attorneys' fees against a
parent.
42
43
4/28/2017 ADI
4/28/2017 PMH
Draft Counterclaim.
Review draft counterclaim.
Hours
Amount
Halved Billing Issue Identified
0.50 $ 87.50 N
$ 87.50
0.30 $ 60.00 N
$ 60.00
0.20 $ 35.00 N
2.50 $ 218.75 Y
0.40 $ 40.00 Y
Draft letter to Superintendent
0.20 $ 17.50 Y
47
5/5/2017 ADI
Review Federal #1 Order regarding
ALJ delay in issuance of decision.
0.50 $ 87.50 N
48
5/5/2017 PMH
49
5/5/2017 ADI
5/5/2017 ADI
Revise and finalize letter to
Superintendent
Revised
Charge
$ 87.50
5/4/2017 ADI
50
Revised
Hours
0.50 $ 87.50 N
46
Review email from M. Oskowis and
respond.
Review email from Matt Oskowis
regarding conferral.
The District's Response
0.30 $ 60.00 N
The description of the
service is adequate.
Lacking appropriate detail. Morever, this charge has
been cut in half.
LRCiv 54.2(e)(2)
$ 218.75
$ 40.00
The description of the
service provided is
adequate. Moreover,
attorney client privilege.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
The description of the
service is adequate.
Because Plaintiff was a
party to the email
Lacking appropriate detail. reviewed, he is aware of
LRCiv 54.2(e)(2)
its contents.
0.20 $ 35.00 N
0.60 $ 52.50 Y
$ 35.00
$ 87.50
$ 35.00
The description of the
service provided is
adequate. Moreover,
attorney client privilege.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
Ms. Fabian believes the
5/9/2017 PMH
Review and revise letters.
Review email from G. Staton firm
and respond.
0.20 $ 40.00 N
5/9/2017 ADI
Review email.
0.20 $ 35.00 N
date of this entry must
have been transcribed
incorrectly because the
motion for summary
judgment was not yet
pending. Regardless, the
District has deleted this
Legal representative not
entry.
engaged at this time.
Lacking appropriate detail. The District has deleted
LRCiv 54.2(e)(2)
this entry.
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Work product privilege
Lacking appropriate detail. The District has deleted
LRCiv 54.2(e)(2)
this entry.
The description of the
service is adequate.
Lacking appropriate detail. Moreover, it involves
attorney client privilege.
LRCiv 54.2(e)(2)
51
5/8/2017 VF
52
5/8/2017 PMH
53
54
Revise motions for summary
judgment.
1.20 $ 210.00 N
0.40 $ 80.00 N
55
5/12/2017 PMH
Review email and respond to
District.
0.30 $ 60.00 N
56
5/12/2017 ADI
Draft letter to Matthew Oskowis
regarding dates/times for conferral.
0.30 $ 52.50 N
57
5/16/2017 PMH
Review Waiver of Service; telephone
conference with M. Remus.
0.30 $ 60.00 N
58
5/16/2017 PMH
59
5/16/2017 ADI
60
5/16/2017 ADI
61
5/16/2017 ADI
Sign Notice of Appearance.
Finalize Notice of Appearance for
filing.
Review Notice of Service and filing of
Waiver of Summons.
Review local rules and draft judge
election form.
0.20 $ 40.00 N
0.20 $ 35.00 N
Block billing
The description is specific
enough to determine
whether a reasonable
amount of time was
billed.
Excessive, redundant or
otherwise unnecessary.
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The District has
decreased this entry to .1
The description of the
service is adequate
0 $ ‐
0 $ ‐
0 $ ‐
$ 52.50
$ 60.00
0.1 $ 20.00
$ 35.00
0.20 $ 35.00 N
$ 35.00
0.20 $ 35.00 N
$ 35.00
Ref # Date
Time
Keeper
63
5/17/2017 PMH
64
5/17/2017 PMH
65
Description
Review file, court order, OSC against
M. Oskowis; prepare for conferral
meeting with M. Oskowis;
conference with M. Oskowis.
Hours
Amount
Halved Billing Issue Identified
0.70 $ 140.00 N
5/17/2017 PMH
Review emails and amendment;
email district.
Review M. Oskowis' amended
complaint.
66
5/17/2017 ADI
0.30 $ 52.50 N
67
5/17/2017 ADI
68
5/17/2017 ADI
70
5/18/2017 PMH
71
5/18/2017 ADI
73
5/24/2017 PMH
75
All of the activities in this
billing relate to preparing
for a conference with Mr.
Oskowis. Therefore it is
not impermissible block
billing.
Block billing
The description of the
services is adequate.
Counsel finished her
review of the amended
Lacking appropriate detail. complaint and then
notified her client.
LRCiv 54.2(e)(2)
0.40 $ 80.00 N
Telephone conference with Matt
Oskowis regarding meet and confer
over 12(b) dismissal issue.
The District's Response
Draft response to Plaintiff regarding
first Amended Complaint.
Review proposed first Amended
Complaint submitted by Plaintiff.
0.50 $ 100.00 N
0.30 $ 52.50 N
5/29/2017 PMH
0.80 $ 160.00 N
76
77
78
5/30/2017 ADI
5/30/2017 ADI
5/30/2017 ADI
Draft Answer to First Amended
Complaint.
Research 12(f) Motions to Strike.
Review Complaint.
3.00 $ 525.00 N
0.50 $ 87.50 N
0.40 $ 70.00 N
79
5/31/2017 ADI
Revise Answer to Complaint.
1.00 $ 175.00 N
80
5/31/2017 ADI
Draft Defendant's Affirmative
Defenses.
0.60 $ 105.00 N
81
5/31/2017 ADI
Draft jurisdictional section and
background section of Counterclaim.
Because Plaintiff
reviewed the response
the District sent him
regarding the first
amended complaint,
Lacking appropriate detail. Plaintiff is aware of the
LRCiv 54.2(e)(2)
details of this work.
82
84
5/31/2017 ADI
6/2/2017 PMH
85
87
6/6/2017 PMH
6/7/2017 PMH
90
6/9/2017 ADI
$ 52.50
$ 52.50
Excessive, redundant or
otherwise unnecessary.
The District has
decreased this entry to .1
0.1 $ 20.00
0.20 $ 35.00 N
$ 35.00
0.30 $ 60.00 N
$ 60.00
Draft Prayer for Relief and revise
Counterclaim.
2.00 $ 175.00 Y
Review electronic filing.
0.30 $ 60.00 N
Review emails, answer and
counterclaim.
Review Amended Complaint.
Review Notice of Service of
Amended Complaint.
$ 140.00
$ 35.00
0.70 $ 61.25 Y
0.20 $ 40.00 N
Revised
Charge
$ 80.00
0.20 $ 35.00 N
Review Petitioner's request to
transfer from Magistrate.
Review latest filings from Plaintiff
(i.e., judge election form) and court
docket entry.
Review M. Oskowis' Motion to
Amend.
Review Petitioner's Motion for Leave
to Amend.
Revised
Hours
0.20 $ 20.00 Y
0.50 $ 100.00 N
0.20 $ 35.00 N
The description of the
Lacking appropriate detail. service provided is
adequate.
LRCiv 54.2(e)(2)
The description of the
Lacking appropriate detail. service provided is
adequate.
LRCiv 54.2(e)(2)
The description of the
Lacking appropriate detail. service provided is
LRCiv 54.2(e)(2)
adequate
$ 160.00
$ 525.00
$ 87.50
$ 70.00
$ 175.00
$ 105.00
$ 61.25
The description of the
service provided is
adequate. Furthermore,
this entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
Lacking appropriate detail. The District has deleted
LRCiv 54.2(e)(2)
this entry.
Block billing
Excessive, redundant or
otherwise unnecessary.
This entry was for the
review of the answer and
amended counterclaim
and associated activities.
Thus, it is not
impermissible block
billing. Furthermore, this
entry has already been
halved.
$ 175.00
0 $ ‐
$ 20.00
$ 100.00
$ 35.00
Ref # Date
Time
Keeper
Description
Hours
Amount
Halved Billing Issue Identified
91
92
6/12/2017 PMH
6/13/2017 PMH
Review revised Amended Complaint.
Review Amended Complaint.
0.80 $ 160.00 N
0.40 $ 80.00 N
93
6/13/2017 EAP
0.30 $ 58.50 N
96
6/14/2017 PMH
100
6/15/2017 ADI
101
6/15/2017 ADI
Review emails, reply
Review Answer to First Amended
Complaint and Counterclaim and
redraft.
Review Plaintiff's Motion to Amend
Complaint and Court's Order
granting Motion.
Review Federal Rules of Civil
Procedure 15 and calculate
extension for filing Answer.
0.20 $ 35.00 N
102
103
6/16/2017 ADI
6/19/2017 ADI
Revise Counterclaim.
Review Answer and Counterclaim.
0.30 $ 26.25 Y
1.20 $ 105.00 Y
104
6/19/2017 ADI
Review transcript from previous due
process hearing regarding plaintiff's
comments about Trina Spencer.
0.40 $ 35.00 Y
116
6/20/2017 PMH
117
6/20/2017 ADI
118
6/20/2017 PMH
Review revised Answer and
Counterclaim and revise both.
Facts investigation regarding
responses in Answer.
Review Revisions to Answer and
Counterclaim.
1.00 $ 100.00 Y
The District's Response
This is not a duplicative
entry. Counsel was
simply continuing her
review of the first
amended complaint. A
total of 1.7 hours was
spent reviewing Plaintiff's
first amended complaint.
Duplicate of #87
Duplicate of #87
See above
Lacking appropriate detail. The District has deleted
LRCiv 54.2(e)(2)
this entry.
Block billng. Lacking
appropriate detail. LRCiv The description of
54.2(e)(2)
services is inadequate.
0.30 $ 52.50 N
1.30 $ 260.00 N
0.20 $ 35.00 N
$ 52.50
Block billing
This is not block billing.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is inadequate.
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
This is not block billing as
both entries relate to the
same document.
The description of
services is adequate.
6/30/2017 ADI
6/30/2017 PMH
0.30 $ 26.25 Y
0.80 $ 80.00 Y
135
7/3/2017 ADI
Review Plaintiff's Motion to Strike.
0.40 $ 35.00 Y
136
7/5/2017 PMH
Review Rule 16 Scheduling Order and
M. Oskowis' email.
0.40 $ 80.00 N
137
7/5/2017 PMH
Email M. Oskowis.
0.20 $ 40.00 N
7/5/2017 ADI
Review email from Plaintiff regarding
scheduling Rule 16 Conference and
status of settlement negotiations.
142
7/10/2017 ADI
Draft Response to Plaintiff's Motion
to Strike.
Review Responses to Plaintiff's
Motions to Strike Affirmative
Defenses in Fed. #3.
$ 260.00
$ 35.00
$ 35.00
There are only two
entries for a short period
of time, which would
reasonably take .4 hours.
Block billing
The description of
services is adequate.
Plaintiff was a party to
Lacking appropriate detail. this email and can review
how long it was.
LRCiv 54.2(e)(2)
0.20 $ 35.00 N
7/10/2017 ADI
$ 35.00
$ 26.25
$ 80.00
133
134
141
$ 26.25
$ 105.00
$ 35.00
Review local rules regarding Motions
to Strike and time to file response;
calculate deadline for filing response
Review Oskowis' Motion to Strike.
7/10/2017 ADI
$ 35.00
0.20 $ 35.00 N
6/30/2017 ADI
140
$ 100.00
$ 17.50
132
7/10/2017 PMH
0 $ ‐
0.20 $ 17.50 Y
6/27/2017 ADI
139
$ 160.00
$ 80.00
$ 50.00
131
Review and finalize Answer and
Counterclaim.
Review cases cited by Plaintiff in
Motion to Strike.
Revised
Charge
0.50 $ 50.00 Y
Review Fed. R. Civ. P. 12 regarding
timeline for answering a
countercliam and calculate deadline.
Review Order Setting Rule 16
Scheduling Conference.
138
Revised
Hours
0.40 $ 40.00 Y
$ 35.00
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
The description of
services is adequate and
is not impermisslbe block
billing. Furthermore, the
entry has already been
discounted by 50 percent.
0.40 $ 35.00 Y
0.90 $ 78.75 Y
0.20 $ 17.50 Y
$ 80.00
$ 40.00
$ 35.00
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 78.75
$ 17.50
Ref # Date
Time
Keeper
143
7/11/2017 ADI
146
7/12/2017 ADI
Description
Revise Response to Motion to Strike.
Review Plaitniff's Answer to
Defendant's Counterclaim.
Hours
Amount
Halved Billing Issue Identified
1.00 $ 87.50 Y
The District's Response
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. had already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.30 $ 26.25 Y
Revised
Hours
Revised
Charge
$ 87.50
$ 26.25
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
7/12/2017 ADI
Finalize draft Response to Plaintiff's
Motion to Strike.
0.60 $ 52.50 Y
149
7/13/2017 ADI
Draft letter to Plaintiff regarding
availability for discovery scheduling
conference pursuant to Court Order
and the Fed. R. Civ. P.
0.40 $ 70.00 N
$ 70.00
150
151
7/13/2017 PMH
7/13/2017 PMH
Review letter regarding conference
meet and confer dates.
Review Oskowis' Answer.
0.20 $ 40.00 N
0.60 $ 60.00 Y
$ 40.00
$ 60.00
152
7/13/2017 PMH
Review Response to Motion to Strike
0.50 $ 50.00 Y
153
7/13/2017 ADI
Finalize for filing with the court the
District's Response to Plaintiff's
Motion to Strike.
0.50 $ 43.75 Y
154
7/13/2017 TM
157
7/14/2017 PMH
147
Review Attorney Ivan's Citations and
Shepardize cases in Motion to Strike.
Review proposed Joint Case
Management Plan and revise.
158
159
7/18/2017 PMH
7/19/2017 PMH
160
7/21/2017 ADI
161
7/21/2017 ADI
E‐mail M. Oskowis regarding
scheduling.
Review conference meeting dates.
Draft Joint Proposed Case
Management Plan ( Defendant's
portion) pursuant to Court's Order
Setting Rule 16 Scheduling
Conference.
Review Rule 26 regarding initial
disclosure obligations in relation to
Counterclaim.
7/21/2017 ADI
Review Rules 16 and 26 regarding
discovery of electronically stored
information and assertions of
privilege or protected work product.
162
163
7/24/2017 ADI
164
7/25/2017 PMH
Revise draft Joint Proposed Case
Management Plan and email to
Plaintiff regarding same in
anticipation of conference.
Review and finalize proposed Joint
Case Management Plan.
7/25/2017 DA
Draft name and contact information
portion of Defendant's Initial
Discovery pleading.
165
166
7/26/2017 PMH
Review Joint Statement and Oskowis'
response.
167
7/26/2017 PMH
Telephone Conference with M.
Oskowis regarding Joint Statement.
The description of
services is adequate.
Furthermore, the entry
has already been
Lacking appropriate detail. discounted by 50
percent..
LRCiv 54.2(e)(2)
0.50 $ 26.25 Y
4.00 $ 700.00 N
Excessive, redundant or
otherwise unnecessary.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.40 $ 80.00 N
$ 700.00
$ 26.25
The description of
services is adequate. It is
not impermissible block
billing as all entries relate
Block billing. Lacking
appropriate detail. LRCiv to the joint case
management plan.
54.2(e)(2)
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.30 $ 15.75 Y
1.00 $ 200.00 N
$ 40.00
$ 40.00
$ 35.00
0.30 $ 26.25 Y
0.30 $ 60.00 N
$ 43.75
$ 200.00
This entry is not
excessive, redundant or
otherwise unnecessary.
It involved not only
writing the words in the
email to Plaintiff but also
thinking about what
should be in that email.
0.40 $ 35.00 Y
1.40 $ 245.00 N
$ 50.00
$ 26.25
1.00 $ 200.00 N
0.20 $ 40.00 N
0.20 $ 40.00 N
$ 52.50
$ 245.00
$ 60.00
$ 15.75
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
The description of
services is adequate. It is
not impermissible block
billing as all entries relate
to the joint case
management plan.
$ 200.00
$ 80.00
Ref # Date
168
169
170
Time
Keeper
Revised
Charge
0.40 $ 80.00 N
7/26/2017 ADI
0.40 $ 70.00 N
$ 70.00
7/26/2017 ADI
Telephone conference with Matthew
Oskowis to discuss Joint Proposed
Case Management Plan.
0.40 $ 70.00 N
$ 70.00
8/1/2017 ADI
176
8/1/2017 ADI
177
8/4/2017 PMH
178
Draft Defendant's Initial Disclosure
pleading.
Revise Defendant's portion of draft
Joint Proposed Case Management
Plan.
Draft Notice of Service of Initial
Disclosures.
1.50 $ 131.25 Y
The description of the
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 131.25
0.50 $ 87.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 87.50
0.30 $ 26.25 Y
8/4/2017 PMH
Review and revise answer.
Review for documents to add to
answer.
8/4/2017 ADI
Revise Defendant's Initial Disclosures
with remaining witness address and
phone contact information.
0.40 $ 35.00 Y
8/5/2017 PMH
8/7/2017 ADI
185
8/8/2017 ADI
186
8/8/2017 ADI
187
8/8/2017 ADI
188
8/8/2017 TM
192
8/9/2017 ADI
8/9/2017 ADI
8/10/2017 ADI
200
8/14/2017 ADI
201
8/14/2017 ADI
Review and revise Joint Statement.
Review files for initial disclosures
and identify documentation in
support of claim for attornes' fees to
be copied.
Review files and identify
documentation for initial disclosures
to support counterclaim for
attorneys's fees.
Finalize review of remaining files and
identification of documents in
support of claim.
Review and finalize initial disclosures
(documents and formal
correspondences).
Compile and Organize E‐mails for
Counter Claim.
Review and finalize emails to be
released with Defendant's Initial
Disclosures.
Finalize Attorney Fee and cost
computations and initial disclosure
pleading and sign same.
Revise and finalize for filing Notice of
Service of Defendant's Initial
Disclosures.
Finalize Proposed Joint Case
Management Plan for Plaintiff's final
review and approval and email to
Plaintiff regarding same.
Revise draft Joint Proposed Case
Management Plan with Plaintiff's
insertions.
0.50 $ 100.00 N
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.30 $ 60.00 N
184
198
Revised
The District's Response Hours
The description of
services is adequate.
Lacking appropriate detail. Moreover, attorney client
privilege
LRCiv 54.2(e)(2)
Halved Billing Issue Identified
Review Plaintiff's proposed revisions
and insertions into the draft Joint
Proposed Case Management Plan.
175
193
Amount
Conference with T. Alley and M.
Remus.
7/28/2017 ADI
182
Hours
7/26/2017 PMH
174
179
Description
0.40 $ 80.00 N
$ 26.25
$ 100.00
$ 60.00
$ 35.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 80.00
0.80 $ 70.00 Y
$ 70.00
1.60 $ 140.00 Y
$ 140.00
1.20 $ 105.00 Y
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 105.00
0.30 $ 26.25 Y
$ 26.25
0.70 $ 36.75 Y
$ 36.75
0.80 $ 70.00 Y
$ 70.00
0.20 $ 17.50 Y
Block billing
The attorney fee and cost
computation are part of
the initial disclosure and
thus this is not
impermissible block
billing. Furthermore, this
entry has already been
discounted by 50 percent.
$ 17.50
0.20 $ 17.50 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 17.50
0.60 $ 105.00 N
0.50 $ 87.50 N
Block billing
Both entries go to the
same activity ‐ finalizing
the case management
plan. Thus, this entry is
not impermissible block
billing.
$ 105.00
$ 87.50
Ref # Date
202
Time
Keeper
8/14/2017 ADI
Description
Draft letter to Plaintiff regarding
receipt of revisions to Joint Proposed
Case Management Plan.
203
8/14/2017 ADI
204
8/14/2017 ADI
Review Plaintiff's email with
revisions to Joint Case Management
Plan and incorporate therein.
Review email from Rebecca Vess
regarding current contact
information and willingness to assist
District.
8/16/2017 ADI
Review pleadings and draft letter to
Plaintiff regarding confirmation of
current mailing address.
205
206
8/17/2017 ADI
207
8/18/2017 ADI
208
8/18/2017 ADI
209
8/18/2017 ADI
210
8/18/2017 ADI
211
8/23/2017 ADI
212
8/27/2017 ADI
213
8/28/2017 ADI
216
8/29/2017 ADI
217
8/29/2017 ADI
218
8/30/2017 PMH
219
8/30/2017 PMH
220
8/30/2017 ADI
222
8/31/2017 PMH
223
224
9/1/2017 PMH
9/1/2017 ADI
225
9/1/2017 ADI
226
227
9/1/2017 ADI
9/8/2017 PMH
E‐mail follow‐up with Plaintiff
regarding approval of final Joint
Proposed Case Management Plan.
Draft letter to Superintendent
regarding submission of Joint
Proposed Case Management Plan
and current update.
Draft letter to Plaintiff regarding
filing of Joint Proposed Case
Management Plan in lieu of
approval.
Finalize and file Joint Proposed Case
Management Plan.
Review email from Plaintiff regarding
approval of Joint Proposed Case
Management Plan and election to
file.
Compile necessary documentation
for creation of pretrial scheduling
conference notebook and potential
oral argument on Palintiff's Motion
to Strike.
Prepare for Pretrial Scheduling
Conference.
Prepare for and attend Pretrial
Scheduling Conference.
Review email notice from court
regarding Plaintiff's change of
physical mailing address.
Review Minute Entry regarding
appearance of parties for Rule 16
Scheduling Conference.
Conference with Attorney Ivan.
Review strategy regarding
depositions.
Draft letter to Plaintiff regarding
failure to timely serve Plaintiff's
initial disclosures on Defendant.
Review Order regarding dismissal of
some counterclaims.
Review Order regarding affirmative
defense.
Review Rule 16 Scheduling Order
228
9/10/2017 ADI
Calculate dates set forth in
Scheduling Order.
Review Court's Order on Plaintiff's
Motion to Strike.
Review Initial Disclosure
Review Plaintiff's email with list of
initial disclosures.
229
9/10/2017 ADI
Follow‐up with Plaintiff regarding
receipt of initial disclosure list.
Hours
Amount
Halved Billing Issue Identified
The District's Response
Revised
Hours
Revised
Charge
0.40 $ 70.00 N
$ 70.00
0.30 $ 52.50 N
$ 52.50
0.20 $ 17.50 Y
$ 17.50
0.60 $ 105.00 N
$ 105.00
0.30 $ 52.50 N
$ 52.50
0.60 $ 105.00 N
$ 105.00
0.40 $ 70.00 N
0.20 $ 35.00 N
$ 70.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 35.00
0.20 $ 35.00 N
$ 35.00
0.50 $ 43.75 Y
$ 43.75
1.00 $ 175.00 N
$ 175.00
1.00 $ 175.00 N
Block billing
Both entries go to the
same activity ‐
participating in the
pretrial scheduling
conference. Thus, this
entry is not impermissible
block billing.
0.20 $ 35.00 N
Excessive, redundant or
otherwise unnecessary.
The District has
decreased this entry to .1
0.1 $ 17.50
0.20 $ 35.00 N
Excessive, redundant or
otherwise unnecessary.
The District has
decreased this entry to .1
0.1 $ 17.50
0.20 $ 40.00 N
Inter‐office
communications relating
Inter‐office
communications should not to the billing of the case
are properly billed.
be billed.
$ 40.00
$ 175.00
0.30 $ 30.00 Y
$ 30.00
0.50 $ 43.75 Y
$ 43.75
0.50 $ 50.00 Y
$ 50.00
0.40 $ 80.00 N
0.40 $ 35.00 Y
0.30 $ 26.25 Y
Excessive, redundant or
otherwise unnecessary.
This entry has already
been discounted by 50
percent.
$ 80.00
$ 35.00
$ 26.25
0.30 $ 26.25 Y
0.50 $ 50.00 Y
$ 26.25
$ 50.00
0.30 $ 26.25 Y
$ 26.25
0.20 $ 17.50 Y
$ 17.50
Ref # Date
Time
Keeper
230
9/14/2017 ADI
232
10/23/2017 ADI
Description
Hours
Amount
Halved Billing Issue Identified
The District's Response
Facts investigation regarding
Plaintiff's initial discovery and scope
thereof.
0.20 $ 17.50 Y
Revise First Amended Answer to
Lacking appropriate detail. The description of
Complaint.
1.00 $ 175.00 N
LRCiv 54.2(e)(2)
services is adequate.
10/23/2017 ADI
Draft track changes to First Amended
Answer to Complaint for filing
alongside Notice of Filing.
233
234
10/23/2017 ADI
Draft Notice of Filing Amended
Pleading after review of Local Rules
of Civil Procedure governing
amended pleadings.
235
10/25/2017 PMH
Review and Revise counterclaim.
237
10/26/2017 EAP
238
10/26/2017 EAP
239
240
241
242
10/26/2017 ADI
10/26/2017 ADI
10/26/2017 ADI
10/26/2017 PMH
243
10/26/2017 PMH
245
11/1/2017 ADI
246
11/3/2017 ADI
247
11/3/2017 ADI
248
11/5/2017 PMH
249
250
11/6/2017 ADI
11/6/2017 ADI
251
11/8/2017 ADI
252
11/8/2017 PMH
254
11/9/2017 ADI
Study cases from 9th Circuit and 2
District Court findings on pleadings.
Research regarding standards for
pleading, fees against parent.
Facts investigation regarding First
Amended Answer.
1.00 $ 175.00 N
0.50 $ 87.50 N
1.00 $ 100.00 Y
Revised
Hours
Revised
Charge
$ 17.50
$ 175.00
$ 175.00
These entries all go to the
same activity ‐ drafting
notice of filing amended
pleading ‐ and therefore
do not constitute
impermissible block
Block billing
billing.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.90 $ 175.50 N
$ 87.50
$ 100.00
$ 175.50
0.80 $ 156.00 N
$ 156.00
0.30 $ 52.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 52.50
1.30 $ 113.75 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 113.75
0.50 $ 43.75 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 43.75
1.00 $ 100.00 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 100.00
Review and revise third draft of
counterclaim and finalize.
3.00 $ 300.00 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 300.00
Review Plaintiff's Initial Disclosures.
0.70 $ 61.25 Y
$ 61.25
0.60 $ 105.00 N
$ 105.00
Revise First Amended Answer and
Counterclaim.
Finalize for filing First Amended
Answer and Counterclaim.
Review and revise Amened Answer
and Counterclaim.
Facts investigation regarding
underlying claims and case options.
Review confirmation of transfer of
administrative records to federal
court in underlying due process
complaints on appeal.
Review and revise Motion to Strike.
Calclulate deadline to file Response
to Motion to Strike.
Review Motion to Strike.
Facts investigation regarding Rule 11
Sanctions related to recent Motion
to Strike.
Review Motion to Dismiss under
John's.
Research pro se representation on
behalf of minor children under
federal law and 9th Circuit
precedent.
0.20 $ 35.00 N
0.50 $ 50.00 Y
0.20 $ 17.50 Y
0.20 $ 17.50 Y
$ 35.00
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
Excessive, redundant or
otherwise unnecessary.
The District has
decreased this entry to .1
$ 50.00
0.1 $ 8.75
$ 17.50
0.30 $ 26.25 Y
$ 26.25
0.40 $ 40.00 Y
$ 40.00
1.40 $ 245.00 N
$ 245.00
Ref # Date
255
257
258
Time
Keeper
11/10/2017 ADI
11/10/2017 ADI
11/11/2017 ADI
259
11/16/2017 PMH
260
11/16/2017 ADI
262
11/20/2017 ADI
263
11/20/2017 PMH
Description
Research related to Motion to Strike
Defendant's Amended Counterclaim.
Draft Response to Motion to Strike
Defendant's Amended Counterclaim.
Revise Response to Motion to Strike
Defendant's Amended Counterclaim.
Review Motion to Strike and
Defendant's response; revise
response.
Finalize for filing the Response to
Plaintiff's Second Motion to Strike
and calendar deadline for Plaintiff to
file reply.
Facts investigation regarding oral
and written depositions.
Review file and prepare
counterclaim.
Research remote (i.e., telephonic or
video‐conferencing) oral depositions
in federal Rules of Civil Procedure.
Review deposition schedule/Court
Order.
Review deposition requirements of
Federal Court.
266
11/21/2017 ADI
267
11/21/2017 PMH
269
11/22/2017 PMH
282
11/30/2017 ADI
283
11/30/2017 ADI
Review Notice of Filing/Lodging of
Administrative Record by Plaintiff.
Review filing by Court regarding
receipt of Administrative Record.
11/30/2017 ADI
Facts investigation regarding
timeline for drafting of affidavits and
deposition of Matthew Oskowis.
284
286
12/1/2017 ADI
287
12/1/2017 ADI
289
12/5/2017 EAP
290
12/6/2017 ADI
295
12/7/2017 EAP
296
12/7/2017 EAP
297
12/7/2017 EAP
298
12/7/2017 EAP
301
12/8/2017 NDS
Draft letter to Trust
Facts investigation regarding
projected time for affidavits, witness
consultation, deposition and Motion
for Summary Judgment.
Research regarding attorneys fees
standard
Draft letter to Plaintiff regarding
Notice of Intent to file 12© Motion.
Research "improper purpose" under
IDEA
Research for award of attorneys
fees, IDEA
Study cases discussing improper
purpose from around nation
Research regarding "frivolous" case
under IDEA
Review caselaw on pleading
standards and 28 USC 1415(i)(3)
Hours
Amount
Halved Billing Issue Identified
The District's Response
Revised
Hours
Revised
Charge
1.00 $ 87.50 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
1.50 $ 131.25 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 131.25
1.00 $ 87.50 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 87.50
1.00 $ 100.00 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 100.00
0.20 $ 17.50 Y
$ 17.50
0.60 $ 52.50 Y
0.80 $ 80.00 Y
$ 52.50
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 80.00
0.30 $ 26.25 Y
$ 26.25
0.30 $ 30.00 Y
$ 30.00
0.50 $ 50.00 Y
$ 50.00
0.20 $ 35.00 N
$ 35.00
0.20 $ 35.00 N
$ 35.00
0.30 $ 26.25 Y
0.60 $ 52.50 Y
$ 26.25
The description of
services is adequate.
Moreover, the content of
the letter is subject to
attorney client privilege
and the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
0.20 $ 17.50 Y
$ 17.50
1.00 $ 195.00 N
$ 195.00
0.50 $ 87.50 N
$ 87.50
2.00 $ 390.00 N
$ 390.00
1.40 $ 273.00 N
$ 273.00
1.40 $ 273.00 N
$ 273.00
1.20 $ 234.00 N
$ 234.00
1.50 $ 262.50 N
$ 262.50
Ref # Date
302
Time
Keeper
12/8/2017 EAP
303
12/8/2017 EAP
304
12/8/2017 ADI
305
12/8/2017 RGT
306
12/8/2017 EAP
307
12/8/2017 PMH
311
12/11/2017 PMH
313
Description
Study cases finding improper
purpose
summarize key factors for improper
purpose, cases where rejected as not
improper or findings was improper
Facts investigation regarding
affidavits, prima facie elements, and
proving counterclaim.
Develop case plan; identify issues
and response.
Strategy for next steps in Federal #4,
Affidavits, Motion for Summary
Judgment
Develop case plan and research
Memorandum
Hours
Amount
Halved Billing Issue Identified
The District's Response
Revised
Hours
Revised
Charge
0.50 $ 97.50 N
$ 97.50
0.70 $ 136.50 N
$ 136.50
2.20 $ 192.50 Y
$ 192.50
2.10 $ 204.75 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
1.30 $ 126.75 Y
$ 126.75
2.00 $ 200.00 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.80 $ 80.00 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 80.00
12/12/2017 NDS
Review Request for Discovery.
Review 1/22/16 D.P. transcript of
Tiffany Wilson testimony.
2.20 $ 192.50 Y
$ 192.50
314
12/12/2017 NDS
Review 1/21/16 transcript testimony
of Rebecca Vess and Michael Ramus
1.50 $ 131.25 Y
$ 131.25
319
12/14/2017 NDS
2.70 $ 236.25 Y
$ 236.25
320
12/15/2017 NDS
3.00 $ 262.50 Y
$ 262.50
3.00 $ 262.50 Y
$ 262.50
0.40 $ 35.00 Y
$ 35.00
0.60 $ 52.50 Y
$ 52.50
0.50 $ 87.50 N
$ 87.50
321
12/15/2017 NDS
322
12/15/2017 ADI
323
12/15/2017 ADI
326
12/16/2017 NDS
327
12/18/2017 PMH
328
12/18/2017 RGT
329
12/18/2017 NDS
330
12/18/2017 PMH
331
12/18/2017 ADI
336
12/19/2017 EAP
337
12/19/2017 NDS
338
12/19/2017 PMH
344
12/20/2017 NDS
345
12/20/2017 EAP
Review Oskowis Initial Disclosure
pet873‐936; 1/30/2015 transcript
Review Oskowis initial disclosure:
pet873‐733
Review Oskowis initial disclosure,
pet.733‐661; 4/12/2014 transcript of
Traci Parry.
Review Plaintiff's First Request for
Production.
Review Local Rules and Rule 34 and
26 of Fed. R. Civ. P.
Research caselaw on improper
purpose; Bethleham Sch. Dist. V.
Zhou
Review notice letter and sign.
Initial determination of elements;
proof response, use of affidavits.
Review pet. 658‐661, transcripts
from Nov. 2013 D. P. Proceedings.
Review Request for Production of
Documents.
Facts regarding objections to
Request for Production submitted by
Plaintiff.
Research regarding Zhu case,
subsequent history.
Review casefile nad notes, organizing
information for affidavits.
Telephone conference with Sara
Leon regarding Motion for Summary
Judgment.
Research caselaw: Rule 11, standard
of review, sufficiency of allegations,
IDEA pleading standards.
Review pleadings in Texas fees case,
research citations
0.40 $ 80.00 N
1.90 $ 370.50 N
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The District has
decreased this entry to .2
The description of
services is adequate.
2.50 $ 218.75 Y
0.60 $ 60.00 Y
0.2 $ 40.00
$ 218.75
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 60.00
0.40 $ 35.00 Y
$ 35.00
0.50 $ 97.50 N
$ 97.50
1.50 $ 131.25 Y
$ 131.25
1.00 $ 100.00 Y
$ 100.00
1.50 $ 262.50 N
$ 262.50
0.60 $ 117.00 N
$ 117.00
Ref # Date
Time
Keeper
Revised
Charge
346
12/20/2017 ADI
347
348
12/20/2017 EAP
12/20/2017 NDS
Draft summary regarding Zhou case
Draft MSJ: Background info.
0.40 $ 78.00 N
1.60 $ 280.00 N
$ 78.00
$ 280.00
349
353
12/20/2017 NDS
12/22/2017 NDS
4.20 $ 735.00 N
1.00 $ 175.00 N
$ 735.00
$ 175.00
356
357
12/26/2017 NDS
12/26/2017 NDS
2.00 $ 350.00 N
0.30 $ 52.50 N
$ 350.00
$ 52.50
358
359
12/27/2017 NDS
12/28/2017 NDS
Draft MSJ; count 1 of counterclaim.
Edit MSJ: Counterclaims.
Draft MSJ on counterclaims: Intro
and Conclusion.
Draft MSJ on counterclaims
Edit and Revise MSJ on
counterclaims: added harassment
claim.
Revise MSJ: counterclaims
3.00 $ 525.00 N
1.00 $ 175.00 N
$ 525.00
$ 175.00
360
12/28/2017 NDS
Email partners draft of MSJ on
counterclaims, discussing thoughts
and strategies moving forward
regarding Rule 12(c) motion.
1.00 $ 175.00 N
361
1/1/2018 PMH
Review extensive research.
0.50 $ 100.00 N
362
1/2/2018 PMH
0.30 $ 60.00 N
363
1/2/2018 ADI
Review file and e‐mails.
Draft Response to Plaintiff's First
Request for Production (Preliminary
Statement, General Objections, and
Objections to Instructions and
Definitions).
369
1/3/2018 ADI
Review draft analysis for Motion.
0.30 $ 52.50 N
1/3/2018 NDS
Conference with Alex regarding
supplemental disclosures.
0.20 $ 17.50 Y
371
1/3/2018 RGT
Review correspondence and reply.
0.30 $ 29.25 Y
372
1/3/2018 ADI
Draft Notice of sService of Response
to Request for Production.
0.30 $ 26.25 Y
373
1/3/2018 ADI
374
1/3/2018 ADI
375
1/3/2018 ADI
376
382
383
384
385
1/3/2018 ADI
Draft Supplemental Disclosure.
1/4/2018 NDS
Prepare for attorney meeting on all
pending Oskowis matters with
Patrice, Gehl, Alex, Eve, Sheri.
1/4/2018 RGT
1/4/2018 ADI
1/4/2018 EAP
Develop litigation plan; draft
deposition Questions.
Facts investigation regarding
litigation strategy.
Consider strategy regarding next
steps.
$ 105.00
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
Lacking appropriate detail. The description of the
LRCiv 54.2(e)(2)
services is adequate.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
2.00 $ 175.00 Y
370
Draft Objections and Responses to
Plaintiff's First request for
Production.
Preview pleadings in prior
consolidated hearing from
2013/2014 for disclsoure.
Facts investigation regarding
supplemental disclosure.
The District's Response
Revised
Hours
Description
Hours
Amount
Halved Billing Issue Identified
Review
documents/pleadings/motions
forwarded by Texas attorney; review
Memorandum regarding Zhou
decision.
0.60 $ 105.00 N
1.80 $ 157.50 Y
$ 175.00
$ 175.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Lacking appropriate detail. The Description of
LRCiv 54.2(e)(2)
services is adequate.
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#379
0.40 $ 35.00 Y
$ 52.50
$ 17.50
$ 29.25
$ 26.25
$ 35.00
0.20 $ 17.50 Y
$ 17.50
0.30 $ 26.25 Y
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 26.25
0.50 $ 87.50 N
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
$ 87.50
1.20 $ 117.00 Y
Block billing
This entry is sufficiently
specific to determine
whether the time allotted
is reasonable.
Furthermore, the entry
has already been
discounted by 50 percent.
$ 117.00
0.30 $ 26.25 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 26.25
0.50 $ 48.75 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
Ref # Date
Time
Keeper
Description
389
1/5/2018 ADI
391
1/5/2018 NDS
Research and review Fed. R. Civ. P.
28 and 30 regarding depositions
Draft 12(c) motion for judgmenet on
the pleadings ‐ background,
statement of facts, research on 12(c)
standards.
1/7/2018 ADI
Facts investigationg regarding
revisions to and finalizing of Reponse
to Plaintiff's Request for Production;
finalizie for service on Plaintiff.
394
395
Hours
Amount
Halved Billing Issue Identified
0.40 $ 35.00 Y
1.75 $ 153.13 Y
Duplicate of no charge
#392
The District's Response
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
0.40 $ 35.00 Y
Revised
Hours
Revised
Charge
$ 35.00
$ 35.00
The description of the
service is adequate.
Lacking appropriate detail. Moreover, subject to
attorney client privilege
LRCiv 54.2(e)(2)
1/7/2018 ADI
Draft letter to Trust.
0.40 $ 35.00 Y
397
1/8/2018 ADI
Facts investigation regarding
remaining disclosures and audio
from OAH prehearing conferences.
0.30 $ 26.25 Y
$ 26.25
398
1/8/2018 EAP
0.80 $ 78.00 Y
$ 78.00
399
1/8/2018 NDS
402
1/9/2018 ADI
Review draft Response and Request
for Production, comments
Research standard review for 12 (c)
motions; Research how they relate
to 1415(i)(2) appeals; draft
"Standard of Review: Fed. R. Civ. P.
(12(c) " section.
Finalize Response to Plaintiff's First
Request for Production.
404
1/9/2018 NDS
Revise/Edit Rule 12(c) Motion for
Judgment on the Pleadings.
0.40 $ 35.00 Y
405
1/9/2018 NDS
Draft 12(c) motion, Analysis section
and Count 1.
0.90 $ 78.75 Y
406
1/9/2018 NDS
Draft 12(c) Motion for Judgment on
the Pleadings, update analysis
section and draft Counts 1, 2, and 3.
1.30 $ 113.75 Y
411
1/10/2018 NDS
Edit 12(c) motion for judgment on
the pleadings: analysis section.
0.35 $ 30.63 Y
1/10/2018 NDS
Draft 12(c) Motion for Judgment on
the Pleadings; Count 3, Conclusion
sections.
1.00 $ 87.50 Y
412
2.60 $ 227.50 Y
0.40 $ 35.00 Y
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#400
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#409
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#408
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#407
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#416
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#415
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#417
Lacking appropriate detail. The descripton of the
LRCiv 54.2(e)(2)
services is adequate.
413
1/10/2018 NDS
414
1/10/2018 NDS
420
1/11/2018 NDS
Research whether 12(c) motion in
this context, if granted, is with
prejudice or without.
Edit Rule 12(c) Motion for Judgment
on the Pleadings.
Edit 12(c) Motion for Judgment on
the Pleadings; revise count 3
analysis.
421
1/12/2018 SA
Reviewed Fed 4 Amended Answer to
determine disclosure needs.
0.35 $ 22.75 Y
Duplicate of no charge
#429
422
1/12/2018 SA
Prepare Supplemental Disclosure
Fed 4
0.70 $ 45.50 Y
Duplicate of no charge
#426
423
1/12/2018 SA
Research Initial Disclosure Docs
0.50 $ 32.50 Y
Duplicate of no charge
#428
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
Block billing
This entry describes
services both related to
drafting the notice of oral
deposition and thus are
not impermissible block
billing.
432
1/15/2018 ADI
433
1/15/2018 ADI
434
1/15/2018 ADI
Review Federal Rules of Civil
Procedure regarding Notice of
Deposition; draft Notice to Plaintiff
of Oral deposition.
Draft Notice of Service on Plaintiff of
Notice of Deposition.
Review Motion for Judgment on the
Pleadings.
0.35 $ 30.63 Y
0.70 $ 61.25 Y
0.80 $ 70.00 Y
0.70 $ 61.25 Y
$ 35.00
$ 61.25
$ 70.00
$ 61.25
0.30 $ 26.25 Y
$ 26.25
0.30 $ 26.25 Y
$ 26.25
Ref # Date
Time
Keeper
435
1/16/2018 ADI
436
1/16/2018 SA
Description
Facts investigation regarding
discovery to be supplemented.
Reviewed Model Rules of Civil
Procedure for Depositions.
Hours
Amount
Halved Billing Issue Identified
437
1/16/2018 NDS
Edit 12(c) Motion for Judgment on
the Pleadings; email draft to Team
for input.
0.50 $ 43.75 Y
438
1/16/2018 ADI
Finalize letter to Plaintiff regarding
notice of intent to file 12(c) Motion.
0.30 $ 26.25 Y
442
1/18/2018 SA
443
1/18/2018 PMH
448
1/20/2018 RGT
The District's Response
1.00 $ 87.50 Y
0.20 $ 13.00 Y
Block billing
452
1/21/2018 ADI
459
1/22/2018 ADI
Conference and lunch with Attorney
Tucker.
1.20 $ 105.00 Y
461
1/22/2018 NDS
Edit 12(c) Motion for Judgment on
the Pleadings.
0.80 $ 70.00 Y
Work product privilege.
Nonetheless, the District
Lacking appropriate detail. has decreased this entry
to .5
LRCiv 54.2(e)(2)
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#461
1.00 $ 87.50 Y
All of the activities in this
billing relate to to the
preparation of the notice
and subpoena for
Plaintiff's deposition.
Therefore it is not
impermissible block
billing. Furthermore, this
entry has already been
discounted by 50 percent.
478
1/29/2018 ADI
479
1/30/2018 ADI
488
490
491
1/31/2018 ADI
2/1/2018 ADI
2/1/2018 ADI
Draft Response to Plaintiff's Motion
to Strike.
Revise and finalize Notice of Taking
Deposition.
Voicemail to Plaintiff regarding
personal service of subpoena; follow‐
up email.
$ 43.75
$ 26.25
The alleged duplicate was
a no charge and has been
Duplicate of no charge
removed from this excel
#444
spread sheet.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
1/21/2018 NDS
0.80 $ 80.00 Y
$ 13.00
This entry describes
services that are both
related to drafting of the
Rule 12(c) motion for
judgment on the
pleadings and thus are
not impermissible block
billing.
451
0.90 $ 58.50 Y
$ 80.00
1.10 $ 107.25 Y
0.75 $ 65.63 Y
1.60 $ 140.00 Y
Revised
Charge
$ 87.50
Prepare Discovery for Supplemental
Disclosure
Review and revise Judgment on the
Pleadings.
Review 17C and draft deposition
questions.
Edit 12(c) motion for judgment on
the pleadings in Fed #4 after
receiving input form Attorney
Horstman, Attorney Tucker, and
Attorney Ivan.
Facts investigation regarding 12(c)
Motion and revisions.
Review Fed. R. Civ. P. 45 regarding
proof of service of subpoena and
tendering fees; review 28 U.S.C.
1821 regarding per diem mileage and
attendance fees; review uniformed
table of distances and mileage
reimbursement rates from
Administrator of General Services.
Telephone call to Plaintiff and
voicemail regarding availability to
receive Notice of Deposition and
subpoena.
Revised
Hours
$ 107.25
Duplicate of no charge
#458
Block billing
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
0.20 $ 17.50 Y
$ 140.00
0.5
$ 87.50
$ 17.50
2.30 $ 201.25 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 201.25
0.30 $ 26.25 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 26.25
0.50 $ 43.75 Y
All of the activities in this
billing relate to a
communication with
Plaintiff, a phone call and
an email. Therefore it is
not impermissible block
billing. Furthermore, this
entry has already been
discounted by 50 percent.
$ 43.75
Block Billing
Ref # Date
493
494
Time
Keeper
2/1/2018 NDS
2/1/2018 ADI
496
2/2/2018 NDS
497
2/2/2018 PMH
Description
Review response to motion to strike
out 12(c) motion. Suggest edits for
Attorney Horstman and Ivan and
discuss same with Attorney Ivan.
Revise Response to Plaintiff's Motion
to Strike
Conference with Attorney Alex Ivan
and Paralegal Sheri F‐S on
supplemental disclosures in Fed. #4.
Redact certain bills for disclosure.
Review e‐mail from Matt Oskowis
(x2) regarding disclosure and service
of subpoena.
498
2/2/2018 PMH
499
2/5/2018 SA
500
2/5/2018 SA
501
2/5/2018 ADI
Review and revise response to
Motion to Strike.
Draft letter to District Finance and
Business Manager regarding:
Discovery Requests.
Telephone call with Paula Tallini,
Process Server regarding: serving
Mr. Oskowis at the IEP meeting.
Review, revise and finalize letter to
Kathleen Hutchison regarding
employee information.
502
503
The District's Response
Revised
Hours
Revised
Charge
2.00 $ 175.00 Y
Block billing
All of the activities in this
billing relate to a revision
of the Rule 12(c) motion.
Therefore it is not
impermissible block
billing. Furthermore, this
entry has already been
discounted by 50 percent.
$ 175.00
0.60 $ 52.50 Y
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 52.50
0.50 $ 43.75 Y
Inter‐office
communications relating
to the processing of the
case are properly billed.
Furthermore, this entry
Block billing. Inter‐office
communications should not has already been
discounted by 50 percent.
be billed.
$ 43.75
0.30 $ 30.00 Y
0.30 $ 30.00 Y
$ 30.00
The description of
services is adequate.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 30.00
0.20 $ 13.00 Y
$ 13.00
0.50 $ 43.75 Y
$ 43.75
2/5/2018 ADI
Review, revise and finalize letter to
finance director regarding invoices,
etc. from Dr. Trina Spencer.
0.50 $ 43.75 Y
$ 43.75
2/5/2018 SA
Phone call with Paula Tallini
regarding: serving Matthew Oskowis
0.20 $ 13.00 Y
505
2/6/2018 ADI
513
2/7/2018 ADI
514
2/7/2018 ADI
515
2/7/2018 PMH
516
2/7/2018 PMH
520
2/8/2018 PMH
529
Halved Billing Issue Identified
$ 19.50
2/5/2018 PMH
524
Amount
0.30 $ 19.50 Y
504
523
Hours
2/9/2018 PMH
2/9/2018 ADI
2/12/2018 NDS
Review and revise letter to Trust.
Review email response from H.R.
Director regarding timeline for
provision of employee
documentation.
Review Plaintiff's Response to
Defendant's 12(c) Motion.
Review response from H.R. Director
regarding employee information.
Review Oskowis mandatory initial
disclosure.
Review emails regarding Oskowis
avoiding service and respond.
Review initial discovery disclosure
(Oskowis)
Review strategy
0.20 $ 20.00 Y
$ 13.00
Attorney client privilege.
Furthermore, this entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.20 $ 17.50 Y
$ 17.50
0.30 $ 52.50 N
$ 52.50
0.20 $ 17.50 Y
$ 17.50
0.30 $ 30.00 Y
$ 30.00
0.20 $ 20.00 Y
$ 20.00
0.60 $ 60.00 Y
0.30 $ 60.00 N
$ 60.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Draft, revise and finalize acceptance
of service; send to Plaintiff.
0.50 $ 43.75 Y
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
Draft Reply to Matt's Response to
our 12(c) Motion for judgment on
the Pleadings.
3.60 $ 630.00 N
Duplicate #530
All of the services
described are related to
the acceptance of service
and thus do not
constitute impermissible
block billing.
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
$ 43.75
Ref # Date
530
Time
Keeper
2/12/2018 NDS
531
532
2/12/2018 SA
2/12/2018 PMH
535
2/14/2018 NDS
536
2/14/2018 ADI
537
2/14/2018 ADI
538
2/14/2018 NDS
Description
Draft Reply to Matt's Response to
our 12(c) Motion for judgment on
the Pleadings.
Draft Acceptance of Service for
Subpoena
Review emails regarding service
Edit Reply on 12(c) motion
addressing attorney Alex Ivan's
Comments
Review and revise Reply to Plaintiff's
Response.
Revise and finalize for filing
Defendant's Reply Brief.
Finalize Reply on 12(c) motion
addressing attorney Alex Ivan's
Comments
Hours
Amount
Halved Billing Issue Identified
2.20 $ 385.00 N
0.20 $ 13.00 Y
0.30 $ 30.00 Y
Lacking appropriate detail.
LRCiv 54.2(e)(2)
0.80 $ 140.00 N
0.50 $ 100.00 N
0.30 $ 60.00 N
541
2/14/2018 ADI
1.50 $ 262.50 N
543
2/15/2018 ADI
Draft Motion to Summary Judgment.
Facts investigation regarding
applicability of prevailing party test
to Defendants.
2/15/2018 ADI
2/16/2018 PMH
Draft Summary Judgment Motion.
Review prevailing party cases.
1.50 $ 262.50 N
0.50 $ 100.00 N
552
553
2/17/2018 RGT
2/18/2018 RGT
2/19/2018 RGT
Draft questions for deposition.
Review complaint and counterclaim;
draft questions for deposition.
Internet search for Oskowis
websites; draft final questions.
$ 140.00
$ 105.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.60 $ 105.00 N
544
547
$ 13.00
$ 30.00
$ 122.50
0.60 $ 105.00 N
Review, reply and revise.
Review Joint Statement.
Revised
Charge
$ 175.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.70 $ 122.50 N
2/14/2018 PMH
2/14/2018 PMH
Revised
Hours
$ 385.00
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
1.00 $ 175.00 N
539
540
550
The District's Response
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Duplicate of #541
The alleged duplicate was
a no charge and has been
removed from this excel
spread sheet.
$ 100.00
$ 60.00
$ 262.50
$ 105.00
$ 100.00
3.40 $ 331.50 Y
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 331.50
3.90 $ 380.25 Y
Block billing
All of the services
described are related to
the preparation for the
deposition and thus do
not constitute
impermissible block
billing. Furthermore, the
entry has already been
discounted by 50 percent.
$ 380.25
Block billing
All of the services
described are related to
the preparation for the
deposition and thus do
not constitute
impermissible block
billing. Furthermore, the
entry has already been
discounted by 50 percent.
$ 409.50
Block billing
All of the services
described are related to
the preparation for the
deposition and thus do
not constitute
impermissible block
billing. Furthermore, the
entry has already been
discounted by 50 percent.
$ 468.00
4.20 $ 409.50 Y
556
2/20/2018 RGT
564
2/21/2018 ADI
565
2/21/2018 ADI
Prepare for deposition; conduct
deposition; follow up regarding
deposition information
Olmsted/Mesa/Tav.
Research prevailing party
determination/eligibility.
Review email from Sally Cadigan
regarding Oskowis call to public.
573
2/23/2018 ADI
Telephone conference with Danielle
Allocco, Director of Chrysalus
Academy regarding subpoena.
0.40 $ 70.00 N
577
2/26/2018 PMH
Review Oskowis evaluation regarding
EIS submission response (2x)
0.40 $ 40.00 Y
4.80 $ 468.00 Y
0.70 $ 122.50 N
$ 122.50
0.20 $ 35.00 N
$ 35.00
Inconsistent billing. Refer The District has deleted
to #567, 571, 572, and 578 this entry.
0 $ ‐
$ 40.00
Ref # Date
581
Time
Keeper
2/27/2018 SA
584
2/28/2018 SA
585
2/28/2018 PMH
586
2/28/2018 PMH
587
2/28/2018 PMH
588
3/2/2018 PMH
591
3/5/2018 PMH
592
3/5/2018 PMH
595
3/6/2018 ADI
596
3/6/2018 ADI
597
3/6/2018 ADI
598
599
602
603
3/6/2018 PMH
3/6/2018 PMH
3/7/2018 PMH
3/7/2018 PMH
Description
Draft Supplemental Disclosure.
Revise Supplemental disclosure.
Review Oskowis email regarding ESI
and response.
Review TERIS Agreement and email
TERIS
Review email regarding Rule 16 and
Order.
Review and finalize disclosure
request for documents.
Review emails regarding TERIS
production and email Assistant
Allamong (2X)
Review emails
Telephone conference with TERIS
regarding production methods.
Facts investigation regarding review
of documentation and release of
such to Plaintiff.
E‐mail to Plaintiff regarding
production of documentation.
Review TERIS emails and prepare for
electronic product.
Teleconference with TERIS
Review electronic records/ privileged
documents
Telephone conference with TERIS
(3x)
Hours
Amount
Halved Billing Issue Identified
The District's Response
Revised
Hours
Revised
Charge
2.00 $ 130.00 Y
The desription of services
is adequate. Futhermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
$ 130.00
0.40 $ 26.00 Y
The desription of services
is adequate. Futhermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
$ 26.00
0.40 $ 40.00 Y
0.20 $ 20.00 Y
$ 40.00
Block billing
All of the services
described are related to
the retention of internet
based research form and
thus do not constitute
impermissible block
billing. Furthermore, the
entry has already been
discounted by 50 percent.
$ 20.00
0.40 $ 40.00 Y
$ 40.00
0.40 $ 40.00 Y
$ 40.00
All of the services
described are related to
the retention of internet
based research form and
thus do not constitute
impermissible block
billing. Furthermore, the
entry has already been
discounted by 50 percent.
0.60 $ 60.00 Y
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
0.30 $ 30.00 Y
The desription of services
is adequate. Futhermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
$ 60.00
0.60 $ 52.50 Y
$ 52.50
0.40 $ 35.00 Y
$ 35.00
0.30 $ 26.25 Y
$ 26.25
All of the services
described are electronic
records production and
thus and thus do not
constitute impermissible
block billing.
Furthermore, the entry
has already been
discounted by 50 percent.
0.80 $ 80.00 Y
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
0.40 $ 40.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
2.50 $ 250.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.40 $ 40.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 250.00
Ref # Date
604
605
606
607
608
609
610
611
Time
Keeper
3/7/2018 PMH
3/7/2018 PMH
3/7/2018 PMH
3/7/2018 PMH
3/7/2018 ADI
3/7/2018 ADI
3/7/2018 EAP
3/7/2018 EAP
Description
Review and finalize response to
initial disclosure
Review and finalize letter to Oskowis
Telephone conference with
Sharon/TERIS (3x)
Review electronic records ‐ 900 X
Review documentation for
responsiveness and privilege.
Review confirmation e‐mail and
Proof of Service.
Discussion with team regarding
review
Review emails for disclosure.
Hours
Amount
Halved Billing Issue Identified
The District's Response
0.30 $ 30.00 Y
0.30 $ 30.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.60 $ 60.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
2.50 $ 250.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 250.00
3.50 $ 306.25 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 306.25
0.20 $ 17.50 Y
Excessive, redundant or
otherwise unnecessary.
The description of
services is adequate.
Futhermore, the entry
has already been
discounted by 50 percent.
$ 17.50
0.50 $ 48.75 Y
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
$ 48.75
3.20 $ 312.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
$ 312.00
3/8/2018 PMH
Review electronic records privilege
and redaction.
0.50 $ 50.00 Y
619
3/8/2018 PMH
Telephone conference with Sharon
Brown
0.20 $ 20.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of #623. Lacking spread sheet. The
appropriate detail. LRCiv description of services is
adequate.
54.2(e)(2)
620
3/8/2018 PMH
Review emails from Sharon Brown
and respond
0.30 $ 30.00 Y
621
3/8/2018 PMH
Telephone conference with Sharon
Brown
0.30 $ 30.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
Duplicate of #623. Lacking
appropriate detail. LRCiv The District has deleted
54.2(e)(2)
this entry.
1.50 $ 150.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.30 $ 30.00 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
623
3/8/2018 PMH
3/8/2018 PMH
Review and finalize relectronic
records
Telephone conference with Sharon
Brown (2x)
Revised
Charge
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
618
622
Revised
Hours
$ 30.00
$ 50.00
0 $ ‐
$ 150.00
Ref # Date
624
625
626
627
628
Time
Keeper
3/8/2018 PMH
3/8/2018 EAP
3/8/2018 EAP
3/8/2018 EAP
Emails from Sharon Brown (2x)
Further review of emails for
disclosure
Telephone calls (2) to Teris and
Sharon Brown
Emails (2) to TERIS and Sharon
Brown
Hours
Amount
Halved Billing Issue Identified
0.40 $ 40.00 Y
2.10 $ 204.75 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.30 $ 29.25 Y
0.20 $ 19.50 Y
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
3/12/2018 SA
635
3/12/2018 EAP
Review current status, disclosure
0.40 $ 78.00 N
672
3/16/2018 ADI
Review, revise, and finalize
Defendant's final supplemental
disclosures.
0.30 $ 26.25 Y
673
3/16/2018 ADI
Telephone conference with Attorney
Tucker and Sheri Smith‐Fetzer
0.30 $ 26.25 Y
686
3/19/2018 PMH
Review discovery requests and
respond (2x)
0.40 $ 40.00 Y
693
3/20/2018 ADI
Review, revise, and finalize Notice of
Service of Defendant's Supplemental
Disclosures.
0.20 $ 17.50 Y
703
3/21/2018 PMH
Review documents regarding
discovery
1.00 $ 100.00 Y
704
3/21/2018 PMH
715
3/22/2018 PMH
716
3/22/2018 PMH
Strategy and fact finding
E‐mail Oskowis regarding Motion in
Limine
E‐mail and respond regarding
settlement
Revised
Charge
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.20 $ 19.50 Y
Revised
Hours
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
634
3/12/2018 SA
The District's Response
The description of
services is adequate.
Futhermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
Review additional email, Reply
Review emails regarding: Fed 4 from
last week (54 total)
Review emails regarding: Fed 4 from
last week (54 total)
633
3/8/2018 EAP
Description
1.00 $ 130.00 N
1.00 $ 130.00 N
1.00 $ 100.00 Y
$ 130.00
Duplicate #633
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
The District has deleted
this entry.
The description of
services is adequate.
All of the services
described are related to
the finalization of
Defendant's initial
disclosures thus do not
constitute impermissible
block billing.
Furthermore, the entry
Block billing. Lacking
appropriate detail. LRCiv has already been
discounted by 50 percent.
54.2(e)(2)
The description of
services is adequately
detailed. Furthermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
This is not block billing.
The description of
services is adequately
detailed. Furthermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
The description of
services is adequately
detailed. Furthermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
The description of
services is adequatley
detailed. Furthermore,
the entry has already
Lacking appropriate detail. been discounted by 50
percent.
LRCiv 54.2(e)(2)
0.30 $ 60.00 N
0.30 $ 60.00 N
$ 204.75
0 $ ‐
$ 78.00
$ 26.25
$ 40.00
$ 17.50
$ 60.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Ref # Date
Time
Keeper
717
3/22/2018 PMH
729
3/23/2018 ADI
730
3/23/2018 PMH
731
3/23/2018 PMH
732
3/23/2018 ADI
733
3/23/2018 ADI
734
3/23/2018 ADI
735
3/23/2018 PMH
750
751
Description
Review Oskowis email (3x)
Draft letter to Plaintiff regarding
availability to hold good faith
settlement discussions.
Email Oskowis regarding settlement
meeting
Review Oskowis email and respond
Respond to Plaintiff regarding
proposed Motion to Limine.
Revise and finalize Notice of Service
of Supplemental Disclosures.
Revise and finalize Notice of Service
of Documentation Responsive to
Plaintiff's First Request for
Production.
Hours
Amount
Halved Billing Issue Identified
0.60 $ 60.00 Y
$ 80.00
0.30 $ 60.00 N
0.20 $ 17.50 Y
0.20 $ 17.50 Y
Review file and preparement of
summary judgment.
1.00 $ 200.00 N
3/28/2018 ADI
768
3/28/2018 ADI
769
3/28/2018 ADI
776
3/29/2018 PMH
777
3/29/2018 PMH
780
3/30/2018 EAP
Draft Motion for Summary Judgment
on Counterclaim.
Draft Statement of Undisputed Facts
in Support of Motion for Summary
Judgment.
Review research for sumary
judgment motion.
Review good faith settlement
discussion and Rule 16 order
Review email regarding prevailing
party status and research
Consider Approach regarding Motion
for Summary Judgment
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.20 $ 35.00 N
3/27/2018 PMH
767
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
0.40 $ 80.00 N
0.30 $ 60.00 N
Review email and respond
1.25 $ 125.00 Y
$ 35.00
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spreadsheet.
#737
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
The description of
services is adequate.
1.75 $ 306.25 N
0.20 $ 35.00 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.20 $ 20.00 Y
0.50 $ 100.00 N
$ 100.00
0.40 $ 80.00 N
$ 80.00
0.40 $ 78.00 N
$ 78.00
0.50 $ 100.00 N
$ 100.00
0.30 $ 30.00 Y
$ 30.00
797
4/3/2018 PMH
Prepare and review Order
0.40 $ 80.00 N
798
4/3/2018 PMH
Email Trish Alley
0.30 $ 60.00 N
0.30 $ 60.00 N
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
795
4/3/2018 PMH
799
4/3/2018 PMH
Conference with Sheri regarding
drafting Notice for Court
$ 35.00
$ 437.50
4/3/2018 PMH
4/2/2018 PMH
$ 200.00
2.50 $ 437.50 N
796
788
$ 17.50
The description of
services is adequate.
Furthermore, the entry
Lacking appropriate detail. has already been
discounted by 50 percent.
LRCiv 54.2(e)(2)
The alleged duplicate was
no charged and has been
removed from this excel
Duplicate of no charge
spreadsheet.
#772
The description of
services is adequate.
The description of
services is adequate.
The description of
services is adequate.
Moreover, the contents
Lacking appropriate detail. was subject to attorney
client privilege.
LRCiv 54.2(e)(2)
4/2/2018 PMH
$ 17.50
$ 60.00
Review email regarding settlement
and conference and review Rule 16
Review email regarding counterclaim
research.
Conference with Matt Oskowis
regarding good faith settlement
Review and finalize memos and nots
to files
787
Revised
Charge
$ 87.50
3/27/2018 PMH
3/27/2018 PMH
Revised
Hours
0.50 $ 87.50 N
Review affidavits and joint motion
for summary judgment
Review Oskowis email regarding
settlement and respond
752
The District's Response
1.00 $ 200.00 N
1.00 $ 200.00 N
$ 200.00
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
$ 200.00
$ 80.00
$ 60.00
Ref # Date
Time
Keeper
804
4/4/2018 PMH
805
4/4/2018 PMH
806
4/4/2018 ADI
807
4/4/2018 PMH
809
Description
Review and redraft minutes of
settlement.
Review email and respond to
District.
Review various‐email
correspondence from Plaintiff
questioning good faith settlement
discussions; follow up regarding
same.
Hours
Amount
Halved Billing Issue Identified
0.80 $ 160.00 N
0.80 $ 160.00 N
4/5/2018 PMH
1.00 $ 200.00 N
810
4/5/2018 PMH
Review finalized minutes
0.30 $ 60.00 N
818
4/6/2018 PMH
819
4/6/2018 PMH
823
825
4/8/2018 ADI
4/9/2018 PMH
826
4/9/2018 PMH
827
828
4/9/2018 PMH
4/9/2018 PMH
829
4/9/2018 ADI
830
4/9/2018 EAP
835
4/10/2018 ADI
836
4/10/2018 EAP
837
4/10/2018 PMH
838
839
4/10/2018 ADI
4/10/2018 PMH
840
4/10/2018 PMH
849
4/11/2018 ADI
850
4/11/2018 ADI
851
4/11/2018 PMH
852
4/11/2018 PMH
853
4/11/2018 PMH
854
4/11/2018 PMH
863
4/12/2018 PMH
864
4/12/2018 PMH
865
4/12/2018 ADI
866
4/12/2018 PMH
867
4/12/2018 PMH
868
871
4/12/2018 PMH
4/13/2018 PMH
872
4/13/2018 PMH
Review Court Order regarding status
Review and finalize Joint Report
Review appellate brief in D.C. Circuit
case regarding prevailing status
determination.
Review emails for use as exhibits.
Research definition of party for
political subdivision; draft
memorandum regarding same.
Research issue of prevailing party for
fees
Review Court Order regarding rule
12(c)
Review Court's various orders
relating to motions and telephonic
status conference.
Review definition of Party
Review Court Order regarding Notice
of Telephonic Conference
Draft Motion for Summary Judgment
on Plaintiff's underlying causes of
action.
Facts regarding change of strategy in
addressing underlying appealed due
process decision and summary
judgment motion.
Review matter regarding motion for
summary judgment
E‐mail Oskowis regarding Motion in
Limine
Review and finalize response and
reply
Review 2nd response and reply
Telephone conference with Matt
Oskowis
Telephone conference with Matt
Oskowis
Facts investigation regarding
administrative record.
Memorandum to file
Review email Matt Oskowis and
respond
Review email Oskowis and respond
Attend conference call with Judge
Review Rule 16 Order and prepare
for call with Judge
The description of
services is adequate.
Moreover, the contents
Lacking appropriate detail. was subject to attorney
client privilege.
LRCiv 54.2(e)(2)
0.50 $ 87.50 N
Draft notice to court of settlement
Review Oskowis email and respond
(3x)
Review Oskowis email and respond
Good Faith Settlement (2x)
Review Oskowis response and
respond
Review Federal Rule of Evidence 408
regarding confidentiality of
settlement negotiations.
Draft good faith settlement report
Review email Oskowis and respond
(2x)
The District's Response
0.40 $ 80.00 N
The description of
services is adequate.
The description of
services is adequate.
The description of
services is adequate.
0.30 $ 60.00 N
0.30 $ 60.00 N
$ 80.00
$ 60.00
$ 80.00
$ 35.00
$ 160.00
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of
services is adequate.
The description of
services is adequate.
Duplicate of no charge
#833
The alleged duplicate was
no charged and has been
removed from this excel
spreadsheet.
0.30 $ 52.50 N
0.25 $ 24.38 Y
$ 160.00
$ 120.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.20 $ 35.00 N
0.80 $ 160.00 N
0.60 $ 120.00 N
Revised
Charge
$ 87.50
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
0.60 $ 120.00 N
0.40 $ 80.00 N
Revised
Hours
$ 60.00
$ 60.00
$ 52.50
1.50 $ 262.50 N
$ 262.50
1.00 $ 195.00 N
$ 195.00
0.80 $ 160.00 N
$ 160.00
0.50 $ 87.50 N
0.30 $ 60.00 N
$ 87.50
$ 60.00
0.30 $ 60.00 N
Excessive, redundant or
otherwise unnecessary.
The District has
decreased this entry by .1
1.50 $ 262.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.70 $ 122.50 N
0.50 $ 100.00 N
0.20 $ 40.00 N
0.50 $ 100.00 N
0.50 $ 100.00 N
0.40 $ 70.00 N
0.30 $ 60.00 N
0.30 $ 60.00 N
0.20 $ 40.00 N
1.00 $ 200.00 N
0.50 $ 100.00 N
$ 262.50
$ 122.50
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.40 $ 80.00 N
0.30 $ 60.00 N
0.1 $ 20.00
$ 100.00
$ 80.00
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of
services is adequate.
The description of
services is adequate.
Duplicate #863
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
This should be deleted.
The description of
services is adequate.
The description to
services is adequate.
0 $ ‐
Duplicate #868
This should be deleted.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0 $ ‐
$ 60.00
$ 40.00
$ 70.00
$ 200.00
$ 100.00
Ref # Date
873
874
Time
Keeper
Description
Hours
Amount
Halved Billing Issue Identified
4/13/2018 ADI
Review Rule 16 pretrial conference
attendance requirements; draft
Memorandum regarding same.
0.50 $ 87.50 N
4/13/2018 ADI
Facts regarding possible extension of
dispositive motion deadline and
good faith settlement discussions.
The District's Response
0.50 $ 87.50 N
Revised
Hours
Revised
Charge
$ 87.50
$ 87.50
875
4/13/2018 PMH
Email Matt Oskowis
0.40 $ 80.00 N
876
4/13/2018 PMH
Discovery transmittal of record and
review emails
0.30 $ 60.00 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
All services provided
under this entry relate to
the review and
production of emails in
discovery and thus is not
Block billing. Lacking
appropriate detail. LRCiv impermissible block
billing.
54.2(e)(2)
0.06 $ 12.00 N
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
877
4/13/2018 PMH
Conference with Alex Ivan
882
4/15/2018 ADI
Draft Motion for Summary Judgment
on Plaintiff's underlying causes of
Action.
2.50 $ 437.50 N
883
4/16/2018 PMH
Letter to David Lykins
1.00 $ 200.00 N
884
4/16/2018 PMH
Review Oskowis email respond
0.40 $ 80.00 N
888
4/17/2018 PMH
Draft joint report and request to
extend deadline, review and revise
0.80 $ 160.00 N
889
4/17/2018 PMH
Review joint report and redraft
0.80 $ 160.00 N
890
4/17/2018 PMH
letter to D. Lykins and finalize
0.40 $ 80.00 N
891
4/17/2018 VF
Review joint report and good faith
settlement talks.
0.10 $ 17.50 N
898
4/19/2018 PMH
Review email Oskowis (2x)
0.50 $ 100.00 N
899
4/19/2018 PMH
Redraft joint report and finalize
0.50 $ 100.00 N
900
4/19/2018 PMH
Review final report
0.40 $ 80.00 N
901
4/19/2018 ADI
902
4/19/2018 PMH
Review and revise Joint Status
Report regarding settlement talks.
Email Oskowis regarding settlement
meeting
0.30 $ 52.50 N
4/20/2018 PMH
regarding settlement talks.
0.50 $ 100.00 N
906
4/20/2018 PMH
Review court order and Oskowis
emails
0.40 $ 80.00 N
907
4/20/2018 VF
908
4/20/2018 ADI
909
4/20/2018 VF
917
4/24/2018 PMH
918
4/24/2018 VF
Meeting with Attorney Horstman
and Sheri Smith‐Fetzer to discuss
status and plan future steps.
Review record and determine
maintenance of files
E‐mail to Attorney Horstman,
Attorney Ivan and Sheri Smith‐Fetzer
regarding Matthew Oskowis's latest
e‐mail.
919
4/26/2018 ADI
Facts investigation regarding
discovery, settlement and motions.
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of
services is adequate.
The description of
services is adequate.
The description of
services is adequate.
The description of
services is adequate.
Because this is the same
thing it is not block billing.
The description of
services is adequate.
The alleged duplicate was
no charged and has been
removed from this excel
Duplicate of no charge
spreadsheet.
#892
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
The alleged duplicate was
no charged and has been
removed from this excel
Duplicate of no charge
spreadsheet.
#904
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
0.20 $ 40.00 N
905
Review and finalize
Review Order extending deadline
regarding settlement and dispositive
motions.
This is not a duplicate
entry and instead is the
continuation of work
begun on April 11, 2018.
Duplicate of #849
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.25 $ 43.75 N
0.20 $ 35.00 N
0.10 $ 17.50 N
0.20 $ 40.00 N
$ 12.00
$ 437.50
$ 160.00
$ 160.00
$ 17.50
$ 80.00
$ 40.00
Lacking appropriate detail. The District has deleted
LRCiv 54.2(e)(2)
this entry.
The description of
services is specific
Block billing. Lacking
enough to determine
appropriate detail. LRCiv whether the time is
54.2(e)(2)
reasonable.
Lacking appropriate detail. The District has deleted
LRCiv 54.2(e)(2)
this entry.
The District has
Excessive, redundant or
discounted this entry to
otherwise unnecessary.
.1.
The alleged duplicate was
no charged and has been
removed from this excel
spreadsheet.
Duplicate #915
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0 $ ‐
$ 80.00
0 $ ‐
0.1 $ 17.50
$ 40.00
0.20 $ 35.00 N
$ 35.00
1.20 $ 210.00 N
$ 210.00
Ref # Date
Time
Keeper
4/29/2018 ADI
Review emails an transcript
Revise Motion for Summary
Judgment.
Halved Billing Issue Identified
Lacking appropriate detail.
0.40 $ 80.00 N
LRCiv 54.2(e)(2)
Lacking appropriate detail.
1.20 $ 210.00 N
LRCiv 54.2(e)(2)
4/30/2018 ADI
Review correspondence and facts
investigation regarding discovery,
settlement, and possible subpoena
of e‐mail records.
0.60 $ 105.00 N
920
4/26/2018 PMH
922
923
924
4/30/2018 PMH
925
5/1/2018 VF
926
5/1/2018 VF
927
5/1/2018 ADI
Description
E‐mail regarding transcript
Reviewed ALJ record regarding
paraprofessional complaint, revised
section regarding the same in motion
for summary judgment.
Letter to Matthew Oskowis
regarding settlement.
Review section in Motion for
Summary Judgment on Counterclaim
related to frivolous claims under
IDEA; incorporate Motion for
Summary Judgment on underlying
civil action.
928
5/1/2018 VF
929
5/2/2018 ADI
Review and update Oskowis Matters.
Draft sections of Motion for
Summary Judgment related to
Plaintiff's Counts 1 and 2.
5/2/2018 VF
Review emails from Attorney Ivan
and make revisions to settlement
letter to Matthew Oskowis.
930
931
5/2/2018 VF
933
5/6/2018 ADI
Finalize letter to Matthew Oskowis.
Email to DL to send out.
Draft section of Motion for Summary
Judgment related to Plaintiff's Count
3; revise additional portions of
motion.
Hours
Amount
0.20 $ 40.00 N
The District's Response
The description of
services is adequate.
The description of
services is adequate.
Revised
Hours
Revised
Charge
$ 210.00
$ 105.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
1.30 $ 227.50 N
$ 227.50
0.60 $ 105.00 N
$ 105.00
0.50 $ 87.50 N
0.30 $ 52.50 N
$ 87.50
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
2.50 $ 437.50 N
0.10 $ 17.50 N
0.10 $ 17.50 N
$ 437.50
Inter‐office
communications relating
inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
Block billing
These services both relate
to the letter to Matthew
Oskowis and therefore
are not impermissible
block bililng.
Block billing
These services both relate
to the revision of the
motion for summary
judgment and therefore
are not impermissible
block bililng.
2.50 $ 437.50 N
$ 17.50
$ 17.50
$ 437.50
934
5/7/2018 VF
Review initial motion for summary
judgment and email Attorney Ivan
regarding suggested revisions.
935
5/7/2018 VF
Review email sent to Trish Alley
regarding EO's medical condition.
0.10 $ 17.50 N
$ 17.50
0.60 $ 105.00 N
0.10 $ 17.50 N
$ 105.00
$ 17.50
0.40 $ 70.00 N
936
937
5/10/2018 ADI
5/10/2018 VF
Facts regarding delay in ALI
determinations and allegations in DP
15 regarding paraprofessional
qualification and supervision.
Read decision on attorney's fees.
938
5/11/2018 ADI
Facts regarding administrative
record and IEPs contained therein.
939
940
941
942
0.70 $ 122.50 N
5/11/2018 VF
Read MO's due process complaint.
0.30 $ 52.50 N
5/14/2018 ADI
Facts regarding proceeding to
hearing, data sheets in the record,
and pre‐hearing audio recordings.
5/14/2018 ADI
$ 70.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.60 $ 105.00 N
Facts regarding Notice of Readiness;
review Court Rule 16 Scheduling
Order and Order Extending
Dispositive Motion Deadline.
0.50 $ 87.50 N
5/14/2018 PMH
Telephone conference with Veronika
regarding Association of counsel
0.40 $ 80.00 N
$ 122.50
$ 52.50
$ 105.00
$ 87.50
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
$ 80.00
Ref # Date
943
Time
Keeper
5/14/2018 PMH
944
5/14/2018 ADI
945
5/14/2018 VF
948
5/16/2018 VF
949
5/17/2018 ADI
950
5/17/2018 ADI
951
5/17/2018 VF
952
5/17/2018 VF
953
5/18/2018 VF
954
5/18/2018 ADI
955
5/19/2018 ADI
956
5/19/2018 ADI
957
5/19/2018 ADI
958
959
960
Description
Review emails and respond
regarding deadline
Draft memorandum Regarding party
obligations to file Notice of
Readiness and deadline to file same.
Review Paralegal Smith‐Fetzer's
email regarding notice of readiness
and order, respond.
Finalize initial draft of motion for
summary judgment.
Review and revise draft Motion for
Summary Judgment on Plaintiff's
underlying civil action.
Facts regarding STO's, including their
purpose and the District's obligation
to revise them.
Finalize initial draft of motion for
summary judgment and emailed to
Attorney Ivan for review.
Research on short‐term objectives to
include in motion for summary
judgment.
Review and incorporate Attorney
Ivan's edits into motion for summary
judgment; proofread to make more
concise.
Review and revise draft Motion for
Summary Judgment on Plaintiff's
underlying civil action.
Facts regarding guidance found in
former Appendix to IDEAS
regulations relative to STO's and
their purpose.
Facts regarding progress reports;
review of the administrative record
and Plaintiff's acknowledged receipt
thereof.
Hours
Amount
Halved Billing Issue Identified
0.30 $ 60.00 N
0.30 $ 52.50 N
0.10 $ 17.50 N
2.70 $ 472.50 N
The District's Response
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
inter‐office
communications should not
be billed.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
1.50 $ 262.50 N
0.70 $ 122.50 N
0.70 $ 122.50 N
Revised
Hours
Revised
Charge
$ 60.00
$ 52.50
$ 17.50
$ 472.50
$ 262.50
Block billing. Lacking
The description is specific
appropriate detail. LRCiv enough to determine
54.2(e)(2). Inter‐office
whether a reasonable
communications should not amount of time was
be billed.
billed.
0.40 $ 70.00 N
The description is specific
enough to determine
whether a reasonable
amount of time was
billed.
1.10 $ 192.50 N
Block billing
0.50 $ 87.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 122.50
$ 122.50
$ 70.00
$ 192.50
$ 87.50
0.40 $ 70.00 N
$ 70.00
0.30 $ 52.50 N
$ 52.50
0.20 $ 35.00 N
$ 35.00
5/23/2018 ADI
Research and review Tenth Circuit
Case interpreting purpose of STO's.
Follow‐up regarding Plaintiff's
response to District's offer of
settlement and report with Court on
status of negotiations.
0.20 $ 35.00 N
$ 35.00
5/24/2018 ADI
Facts regarding separate statement
of facts incorporated into body of
motion for summary judgment.
0.30 $ 52.50 N
$ 52.50
5/25/2018 VF
961
5/25/2018 ADI
962
5/25/2018 PMH
963
5/25/2018 PMH
964
5/25/2018 ADI
965
5/27/2018 ADI
966
5/29/2018 VF
Proofread and made revisions to
motion for summary judgment to
make more concise, more coherent.
Revise motion for summary
judgment.
Draft updated report to court
regarding settlement.
Draft updated settlement report
Facts regarding IDEA progress report
requirements and notation with an
IEP.
Review administrative record; revise
and finalize motion for summary
judgment.
Proofread and made additional
revisions to motion for summary
judgment.
1.50 $ 262.50 N
1.20 $ 210.00 N
1.00 $ 200.00 N
0.60 $ 120.00 N
$ 262.50
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of
services is adequate.
The description of
services is adequate.
The description of
services is adequate.
Block billling
The services related to
incorporating
administrative record into
the motion for summary
judgment and therefore is
not impermissible block
billing.
0.40 $ 70.00 N
1.50 $ 262.50 N
1.20 $ 210.00 N
$ 210.00
$ 200.00
$ 120.00
$ 70.00
$ 262.50
$ 210.00
Ref # Date
Time
Keeper
967
5/29/2018 ADI
968
5/29/2018 VF
969
5/29/2018 ADI
970
5/29/2018 VF
971
5/30/2018 VF
972
5/30/2018 VF
973
5/30/2018 ADI
974
5/30/2018 VF
975
5/31/2018 VF
976
977
5/31/2018 VF
6/7/2018 ADI
Description
Hours
Facts regarding statement of facts
citations, progress reports, citations
to repealed law, and strategy for
timing of filing motion for summary
judgment.
0.80
Review and incorporate Attorney
Ivan's edits into motion for summary
judgment.
0.60
Review and revise Defendant's
notice/update on status of
settlement discussions.
0.50
Calculate deadlines for filing motion
for summary judgment.
0.40
Drafted statement of facts in support
of motion for summary judgment.
Proofread and made revisions to
motion for summary judgment.
Review edits to Defendant's
notice/update on status of
settlement discussions and finalize
for filing.
Reviewed and revised and made
edits to update on settlement
discussions.
Finalized initial draft of statement of
facts.
Review and incorporate DL's edits
into motion for summary judgment.
Facts investigation regarding
settlement discussions related to
Federal 4 and 5 and finalizing
separate statement of facts for
summary judgment motion.
Amount
Halved Billing Issue Identified
The District's Response
$ 140.00 N
$ 105.00 N
$ 87.50 N
$ 70.00 N
Block billing
This is not block billing.
Lacking appropriate detail.
LRCiv 54.2(e)(2)
This is not block billing.
Excessive, redundant or
The District has deleted
otherwise unnecessary.
this entry.
0.30 $ 52.50 N
0.20 $ 35.00 N
Lacking appropriate detail. The description of the
LRCiv 54.2(e)(2)
services is adequate.
The description of the
services is adequate.
The description of the
services is adequate.
0.60 $ 105.00 N
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of the
services is adequate.
The description of the
services is adequate.
0.30 $ 52.50 N
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
The description of the
services is adequate. This
is not block billing.
0.20 $ 35.00 N
Revised
Charge
$ 140.00
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
1.20 $ 210.00 N
Revised
Hours
0.40 $ 70.00 N
$ 105.00
$ 87.50
0 $ ‐
$ 210.00
$ 52.50
$ 35.00
$ 35.00
$ 105.00
$ 52.50
$ 70.00
Inter‐office
communications relating
inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
Lacking appropriate detail. The description of the
LRCiv 54.2(e)(2)
services is adequate.
978
6/7/2018 VF
Review email from Attorney Ivan
regarding MSJ and respond.
0.10 $ 17.50 N
979
6/8/2018 ADI
Revise draft Statement of Facts.
2.50 $ 437.50 N
980
6/8/2018 ADI
2.00 $ 350.00 N
$ 350.00
981
6/8/2018 PMH
Review administrative record,
complaint; cross‐reference citations
in draft Statement of Facts
Review final motion for summary
judgment
0.60 $ 120.00 N
$ 120.00
3.00 $ 525.00 N
$ 525.00
982
6/13/2018 ADI
983
6/13/2018 PMH
984
6/19/2018 PMH
985
6/20/2018 ADI
986
6/21/2018 ADI
Review Bluebook and administrative
record; revise state of facts.
Conference with Veronika regarding
update and adding counsel
Review Notice of Association
Facts investigation regarding
finalizing of motion for summary
judgment and statement of facts.
Revise Motion for Summary
Judgment on Plaintiff's affirmative
action.
987
6/21/2018 VF
988
6/21/2018 ADI
Finalized statement of facts, double
checking exhibits, and email to
Attorney Ivan.
Revise Statement of Facts
accompanying Motion for Summary
Judgment on Plaintiff's affirmative
action.
989
6/21/2018 VF
Review and incorporate Attorney
Ivan's revisions into state of facts.
0.30 $ 60.00 N
0.30 $ 60.00 N
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.20 $ 35.00 N
1.20 $ 210.00 N
$ 17.50
$ 437.50
$ 60.00
$ 60.00
$ 35.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
All of the activities in this
entry relate to the
finalization of the
statement of facts and is
thus not impermissible
block billing.
$ 210.00
1.20 $ 210.00 N
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
0.80 $ 140.00 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 140.00
0.60 $ 105.00 N
Block billing
$ 105.00
This is not block billing.
$ 210.00
Ref # Date
990
Time
Keeper
6/21/2018 VF
991
6/21/2018 VF
992
6/21/2018 ADI
993
6/22/2018 VF
994
6/22/2018 DL
995
6/22/2018 ADI
996
6/22/2018 ADI
997
6/22/2018 ADI
998
6/22/2018 PMH
999
6/22/2018 VF
1000
6/22/2018 ADI
1001
6/24/2018 PMH
1007
6/27/2018 ADI
1009
6/29/2018 PMH
1016
7/6/2018 VF
1017
7/6/2018 ADI
1018
1019
Description
Proofread motion for summary
judgment and sed to Attorney Ivan.
Review settlement offer and
forwarded to Attorney Horstman
and Attorney Ivan.
Facts investigation regarding level of
administrative record citation detail
included in Statement of Facts
accompanying summary judgment
motion.
Finalize revisions to Motion for
Summary Judgment on Plaintiff's
affirmative claims and Statement of
Facts.
Proofread Statement of Facts in
support of Motion for Summary
Judgment and cross referenced with
exhibits. Redacted E.O.'s name and
DOB on exhibits. Prepared and filed
Motion for Summary Judgment,
Statement of Facts and exhibits.
Finalize for filing Statement of Facts
accompanying Motion for Summary
Judgment.
Finalize for filing the Motion for
Summary Judgment on Plaintiff's
Affirmative Action.
Cite check Motion for Summary
Judgment and research authority
related to ALJ dismissals of due
process complaints without a
hearing.
Review email regarding authority to
Dismiss without hearing and respond
(2x)
Review exhibits for statement of
facts in support of Motion for
Summary Judgment.
Facts investigation regarding
supplementary aids and services in
relation to special education and
related service minutes.
Review statement of facts and
exhibits
Facts investigation regarding
likelihood of settlement, Governing
Board approval, and discussions
surrounding possible offer of
settlement to Plaintiff.
Review research regarding Due
Process hearing.
Hours
Amount
Halved Billing Issue Identified
0.30 $ 52.50 N
0.20 $ 35.00 N
0.30 No Charge
The District's Response
Revised
Charge
Block billing
All of the activities in this
entry relate to drafting
the motion for summary
judgment and is thus not
impermissible block
billing.
$ 52.50
Block billing
All of the activities in this
entry relate to a
settlement offer and are
thus not impermissible
block billing.
$ 35.00
N
2.70 $ 472.50 N
Revised
Hours
No Charge
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
All of the activities in this
entry relate to finalizing
the motion for summary
judgment and thus is not
impermissible block
billing.
$ 472.50
4.00 $ 420.00 N
Block billing
1.50 $ 262.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 262.50
1.30 $ 227.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 227.50
0.80 $ 140.00 N
0.40 $ 80.00 N
$ 140.00
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.40 $ 70.00 N
0.60 No Charge
$ 70.00
N
1.00 $ 200.00 N
No Charge
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.30 $ 52.50 N
0.40 $ 80.00 N
$ 420.00
$ 200.00
$ 52.50
The description of
services is adequate.
Moreover, protected by
Lacking appropriate detail. the work product
doctrine.
LRCiv 54.2(e)(2)
$ 80.00
0.30 $ 52.50 N
$ 52.50
7/24/2018 ADI
Telephonic conference regarding
potential settlement
Facts regarding settlement proposal
and timing in relation to appeal
rights
Review Plaintiff's Response to
Motion for Summary Judgment,
controverted statement of facts, and
exhibits
1.40 $ 245.00 N
$ 245.00
7/25/2018 ADI
Facts regarding Plaintiff's Response
to Motion for Summary Judgment
0.30 $ 52.50 N
1020
7/27/2018 VF
1021
7/29/2018 VF
1022
7/31/2018 VF
Begin drafting reply Memorandum,
Review Response to Motion for
Summary Judgment
Begin researching reply
Memorandum,
0.40 $ 70.00 N
0.40 $ 70.00 N
$ 52.50
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 70.00
0.70 $ 122.50 N
$ 122.50
0.60 $ 105.00 N
$ 105.00
Ref # Date
Time
Keeper
1023
8/1/2018 ADI
1024
8/1/2018 DL
1025
8/1/2018 VF
1026
8/1/2018 VF
1027
8/2/2018 VF
1028
8/2/2018 ADI
1029
8/2/2018 VF
1031
8/3/2018 ADI
1032
8/3/2018 VF
1033
8/3/2018 ADI
1034
8/6/2018 VF
1035
8/7/2018 ADI
1036
8/8/2018 VF
1037
8/9/2018 VF
1038
8/9/2018 PMH
1039
8/10/2018 VF
1040
8/10/2018 PMH
Description
Hours
Research A:J dismissals and facts
investigation regarding same.
1.20
Draft Motion for Extension to File
Reply in support of Motion for
Summary Judgment along with
proposed order
0.30
E‐mail to MO to see if he objects to a
ten day extension on reply
0.10
Proofread and make revisions to
request for extension.
0.10
Begin drafting reply memorandum in
support of motion for summary
judgment
0.90
Review motion requesting extension
to deadline for filing Reply, Plaintiff's
objection, and Court's Order granting
extension.
0.40
E‐mail to EO regarding extension
revisions to request for extension,
email to DL
0.30
Review Tenth Circuit Opinion
regarding ALJ dismissal for failure to
state a claim and draft
Memorandum regarding same.
0.90
Research on reply memorandum
Facts regarding parent legal claims
and failure to request IEP meeting
after progress reporting.
Research and drafted reply in
support of motion for summary
judgment.
Facts regarding IDEA due process
complaint sufficiency and annual
goal data sheets.
Draft reply in support of motion for
summary judgment
Continued researching and drafting
reply in support of MSJ
Review notice for summary
judgment response from Matt
Oskowis
Researched and drafted reply in
support of MSJ
Review emails from Veronika and
respond (2x)
8/12/2018 VF
Facts regarding judicata, complaint
sufficiency, and parent
communications from the District.
Proofread and made revisions to
reply to make more concise.
1043
8/13/2018 VF
Proofread and made revisions to
reply memorandum, email to AI for
review.
1044
8/13/2018 ADI
1047
8/14/2018 VF
1041
1042
8/10/2018 ADI
Review and revise initial draft of
Reply Brief.
Proofread and made revisions to
reply memorandum based on AI's
comments
Amount
Halved Billing Issue Identified
The District's Response
Revised
Hours
Revised
Charge
$ 210.00 N
$ 210.00
$ 31.50 N
$ 31.50
$ 17.50 N
$ 17.50
$ 17.50 N
$ 17.50
$ 157.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 157.50
$ 70.00 N
$ 70.00
$ 52.50 N
$ 52.50
$ 157.50 N
0.50 $ 87.50 N
$ 157.50
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.30 $ 52.50 N
4.30 $ 752.50 N
$ 52.50
Block billing. Duplicate of
#1020, #1027, and #1022
This is not block billing.
Nor is it duplicative as
counsel simply continued
to research and draft the
reply memorandum. The
alleged duplicates were
not charged and have
been removed from this
excel spreadheet.
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Block billing. Lacking
appropriate detail. LRCiv
54.2(e)(2)
The description of
services is adequate.
This is not block billing.
The description of
services is adequate.
0.60 $ 105.00 N
1.20 $ 210.00 N
1.60 $ 280.00 N
$ 105.00
1.00 $ 200.00 N
3.20 $ 560.00 N
0.60 $ 120.00 N
This is not block billing.
Nor is it duplicative as
counsel simply continued
to research and draft the
reply memorandum. The
alleged duplicates were
Block billing. Lacking
appropriate detail. LRCiv no charged and have
been removed from this
54.2(e)(2). Duplicate of
#1020, #1027, #1034, 1037 excel spreadheet.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 280.00
$ 560.00
$ 70.00
0.75 $ 131.25 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#1045
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#1046
2.60 $ 455.00 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.95 $ 166.25 N
$ 210.00
$ 200.00
0.40 $ 70.00 N
0.80 $ 140.00 N
$ 752.50
$ 140.00
$ 455.00
Ref # Date
Time
Keeper
1048
8/14/2018 ADI
1049
8/14/2018 VF
1051
8/15/2018 VF
1052
8/15/2018 VF
1053
8/16/2018 VF
1054
8/16/2018 PMH
1055
1058
Description
Review and revise second draft Reply
Brief with detailed citation checks.
Review and incorporate AI's edits
Proofread and made additional
revisions to reply in support of
motion for summary judgment
Read and edited VF's reply regarding
SJM.
Telephone conference with PH to
discuss reply, made edits and
revisions based on discussion, review
and incorporate AI's revisions to
reply.
Hours
Amount
Revised
The District's Response Hours
The alleged duplicate was
a no charge and has been
removed from this excel
Duplicate of no charge
spread sheet.
#1048
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Halved Billing Issue Identified
0.80 $ 140.00 N
0.60 $ 105.00 N
$ 315.00
0.50 $ 87.50 N
$ 87.50
1.70 $ 297.50 N
0.30 $ 52.50 N
0.50 $ 100.00 N
1059
8/17/2018 ADI
Finalize Reply Brief.
0.50 $ 87.50 N
1060
8/17/2018 VF
Final revisions to reply
0.50 $ 87.50 N
1061
9/29/2018 PMH
Review email and update Trish Alley
0.30 $ 60.00 N
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
0.20 $ 35.00 N
Excessive, redundant or
otherwise unnecessary.
2/19/2019 ADI
Review minute order transferring
case to Judge Lanza
Read order granting motion for
summary judgment
Review and analyze Order granting
summary judgment and
accompanying judgment
Facts regarding entry of judgment
and erroneous termination in its
entirety, including District's
Counterclaim.
1065
2/15/2019 VF
1066
2/19/2019 ADI
1067
1069
1070
1.40 $ 280.00 N
Inter‐office
communications relating
Inter‐office
communications should not to the processing of the
case are properly billed.
be billed.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
8/16/2018 ADI
8/17/2018 PMH
10/31/2018 ADI
$ 105.00
1.80 $ 315.00 N
Review and revise
Facts regarding entitlement to due
process hearings and service minute
calculations.
Review final reply
1062
Revised
Charge
$ 297.50
$ 52.50
$ 100.00
The description of
services is adequate.
The description of
services is adequate.
The description of
services is adequate.
The District has
discounted this entry to
.1.
$ 87.50
$ 87.50
0.1 $ 17.50
0.30 $ 52.50 N
$ 52.50
1.00 $ 175.00 N
$ 175.00
0.50 $ 87.50 N
$ 87.50
2/20/2019 ADI
Facts investigation regarding styling
of claims for attorneys' fees as
Counterclaim against Plaintiff
0.50 $ 87.50 N
$ 87.50
2/20/2019 ADI
Review and revise motion to amend
judgment in accordance with order
to preserve District's Counterclaim
0.50 $ 87.50 N
1071
2/20/2019 VF
Draft motion to amend judgment
0.40 $ 70.00 N
1072
2/20/2019 VF
0.20 $ 35.00 N
1073
2/21/2019 VF
Research on counterclaim
Review and incorporate AI's edits
into motion to amend
$ 87.50
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of
services is adequate.
The description of
services is adequate.
Block billing
All of the activities in this
entry relate to the
finalization of the motion
to amend judgment and is
thus not impermissible
block billing.
0.20 $ 35.00 N
$ 70.00
$ 35.00
1074
2/21/2019 DL
Proofread Motion to Amended
Judgment. Drafted Proposed Order
and email to Attorney Fabian. Filed
Motion to proposed order with
USDC. Email to judge chambers
1075
2/22/2019 ADI
Review and analyze Court's order
granting motion to amend judgment.
0.20 $ 35.00 N
$ 35.00
1077
2/26/2019 VF
Research on how to proceed with
respect to the attorney's fees claim.
0.70 $ 122.50 N
$ 122.50
1078
2/26/2019 VF
Began drafting motion for attorney's
fees and memorandum in support.
0.60 $ 105.00 N
2/26/2019 ADI
Review and analyze the applicability
of judgment in Federal 4 to
adjudication of issues in Federal 6
0.50 $ 87.50 N
1079
1080
2/27/2019 VF
1081
2/27/2019 VF
Continued research and drafting
memorandum in support of motion
for attorney's fees and costs.
Review Oskowis deposition for
purposes of filing motion for
attorney's fees.
0.20 $ 21.00 N
1.90 $ 332.50 N
1.00 $ 175.00 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 21.00
$ 105.00
$ 87.50
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 332.50
$ 175.00
Ref # Date
Time
Keeper
1082
2/27/2019 ADI
1083
2/27/2019 ADI
1085
2/28/2019 VF
1086
2/28/2019 ADI
1087
2/28/2019 ADI
Description
Hours
Amount
Halved Billing Issue Identified
Draft memorandum regarding
standards for fee awards against pro
se parents and standard for showing
improper purposes
0.70 $ 122.50 N
Research and facts regarding
applicability of Rule 56 to IDEA fee‐
seeking actions.
0.40 $ 70.00 N
The District's Response
$ 70.00
1088
3/1/2019 VF
1089
3/1/2019 VF
1090
3/1/2019 VF
1091
3/1/2019 DL
Proofread Motion for Leave to File
Motion. Drafted proposed Order and
email to Attorney Fabian. Filed
Motion and proposed order with
USDC. Emailed motion and proposed
order to judge chambers.
0.20 $ 21.00 N
Block billing
1092
3/4/2019 VF
Continued drafting memorandum in
support of motion for attorney's fees
5.70 $ 997.50 N
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
Finalize memorandum in support of
motion for Attorney's Fees and Costs
and supporting documentation.
609
3.00 $ 525.00 N
$ 64,883.13
1094
Total
3/5/2019 VF
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
0.70 $ 122.50 N
0.30 $ 52.50 N
$ 280.00
$ 122.50
0.20 $ 35.00 N
1.20 $ 210.00 N
Revised
Charge
$ 122.50
Worked on memorandum in support
of motion for attorney's fees.
Review Order in Federal 1 and
revised proposed language for fee
application
Communications with Plaintiff
regarding conferral to discuss
settlement in lieu of pursuit of fee
award
Continued draft memorandum in
support of attorney's fees
Review email from Matthew and
respond
Drafted motion for leave to file
motion regarding liability for
attorney's fees only
1.60 $ 280.00 N
Revised
Hours
$ 35.00
Lacking appropriate detail.
LRCiv 54.2(e)(2)
Lacking appropriate detail.
LRCiv 54.2(e)(2)
The description of
services is adequate.
The description of
services is adequate.
0.30 $ 52.50 N
$ 210.00
$ 52.50
All of the activities in this
entry relate to the
finalization of a motion
for filing and is thus not
impermissible block
billing.
Lacking appropriate detail. The description of
LRCiv 54.2(e)(2)
services is adequate.
$ 21.00
$ 997.50
$ 525.00
$ 54,992.50
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