DISTRICT OF COLUMBIA v. KIRKSEY-HARRINGTON

Filing 28

ORDER ADOPTING IN FULL 27 REPORT AND RECOMMENDATION; GRANTING IN PART AND DENYING IN PART the defendant's 23 Motion for Attorneys' Fees and Costs; and ORDERING the plaintiff to pay the defendant attorneys' fees in the amount of $68,903 and costs in the amount of $739.15 by September 16, 2015. See Order for further details. The Clerk is directed to close the case. Signed by Judge Beryl A. Howell on August 18, 2015. (lcbah3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DISTRICT OF COLUMBIA,
Plaintiff,

Civil Action No. 14-180 (BAH) (AK)
consolidated with
Civil Action No. 13-2029 (BAH) (AK)

v.
ALICE KIRKSEY-HARRINGTON,

Judge Beryl A. Howell

Defendant.
MEMORANDUM AND ORDER
This consolidated case was randomly referred to a Magistrate Judge for a report and
recommendation on the defendant’s Motion for Attorneys’ Fees and Costs (“Def.’s Mot.”), ECF
No. 23. See Order, ECF No. 21; Referral to Magistrate Judge, ECF No. 22. 1 On July 31, 2015,
the Magistrate Judge issued a report and recommendation, which recommended that the
defendant’s motion be granted in part and denied in part. Report and Recommendation (“R&R”)
at 17, ECF No. 27.
Specifically, the R&R recommended excluding certain charges with respect to the
number of hours billed by defense counsel, R&R at 6–7, denying the defendant’s argument that
her counsel’s legal fees may not be reduced because of a violation of her procedural rights, id. at
9, and declining to award LSI Laffey Matrix rates because the defendant produced insufficient
evidence to demonstrate that such rates are the prevailing rates for IDEA litigation in the D.C.
metropolitan area, id. at 13 (citing Eley v. District of Columbia, No. 13-7196, 2015 WL 4153874,
at *6 (D.C. Cir. July 10, 2015)). Instead, the R&R recommended awarding USAO Laffey Matrix

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The related matters, Kirksey-Harrington v. District of Columbia, Case No. 13-2029 and District of Columbia v.
Kirksey-Harrington, Case No. 14-180, were consolidated on July 30, 2014. See Case No. 13-2029, Minute Order,
dated July 30, 2014.

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rates for counsel’s work on this case, except for counsel’s February 25 to March 2, 2015 charges
for preparing the motion for attorneys’ fees, for which the R&R recommended awarding 75% of
USAO Laffey Matrix rates. Id. at 14–15. Lastly, the R&R recommended minor adjustments to
defense counsel’s time billed for travel, id. at 16, and reimbursing the defendant for certain costs,
id. at 16–17. Consequently, the R&R recommended awarding the defendant attorneys’ fees in
the amount of $68,903 and costs in the amount of $739.15. Id. at 18.
The R&R cautioned the parties that failing to file a timely objection within 14 days of the
party’s receipt of the R&R could result in their waiving the right to appeal an order of the
District Court adopting the recommendations. See id. at 18–19. No objection to the R&R has
been timely filed, and the time to file such an objection has lapsed, see Local Civil Rule 72.3(b),
and, thus, any objections are deemed waived. See, e.g., Thomas v. Arn, 474 U.S. 140, 149–55
(1985).
The Court, upon independent consideration of the pending motion and the entire record
herein, concurs with the recommendations made in the R&R. Accordingly, it is hereby
ORDERED that the Report and Recommendation, ECF No. 27, is ADOPTED in full;
and it is further
ORDERED that, for the reasons stated in the Report and Recommendation, the
Defendant’s Motion for Attorneys’ Fees and Costs, ECF No. 23, is GRANTED IN PART and
DENIED IN PART; and it is further
ORDERED that, for the reasons stated in the Report and Recommendation, the
defendant is entitled to attorneys’ fees in the amount of $68,903 and costs in the amount of
$739.15; and it is further

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ORDERED that the plaintiff pay the defendant attorneys’ fees in the amount of $68,903
and costs in the amount of $739.15 by September 16, 2015, unless the parties reach an
alternative mutually agreeable date.
SO ORDERED.
This is a final appealable order.
Digitally signed by Hon. Beryl A. Howell
DN: cn=Hon. Beryl A. Howell, o=U.S.
District Court for the District of
Columbia, ou=United States District
Court Judge,
email=[e-mail].
gov, c=US
Date: 2015.08.18 10:08:50 -04'00'

Date: August 18, 2015

_________________________
BERYL A. HOWELL
United States District Judge

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