BENOIT v. DISTRICT OF COLUMBIA
Filing
76
MEMORANDUM OPINION granting in part and denying in part 72 Plaintiffs' Motion for an Award of Attorneys' Fees and Costs. See document for details. Signed by Judge Rudolph Contreras on 3/15/2021. (lcrc3)
Case 1:18-cv-01104-RC Document 76 Filed 03/15/21 Page 1 of 10
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CAMILLE COLLETTE, et al.,
Plaintiffs,
v.
DISTRICT OF COLUMBIA, et al.,
Defendants.
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Civil Action No.:
18-1104 (RC)
Re Document No.:
72
MEMORANDUM OPINION
GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR AN AWARD OF
ATTORNEYS’ FEES AND COSTS
I. INTRODUCTION
In this action, Camille Collette and Jacques Benoit (“Plaintiffs”) seek an award of
attorneys’ fees incurred in pursuing a claim under the Individuals with Disabilities Education Act
(“IDEA”), 20 U.S.C. § 1400 et seq., which established that the District of Columbia Public
Schools (“the District”) failed to provide their son, E.B., with a free and appropriate public
education (“FAPE”). Plaintiffs seek attorneys’ fees arising from the proceedings in the amount
of $364,168.15, as well as expert fees in the amount of $8,238.96 and other costs in the amount
of $3,662.60. See Pls.’ Mot. for Att’ys’ Fees and Costs (“Pls.’ Mot.”), ECF No. 72. The District
disputes several time entries on Plaintiffs’ invoice and the amount of expert fees to which
Plaintiffs are entitled. Def.’s Opp’n to Pls.’s Mot. for Att’ys’ Fees and Costs (“Def.’s Opp’n”),
ECF No. 73. 1 The Court concludes that, except for a few minor challenges raised by the District
1
The sum of the District’s challenges to Plaintiffs’ fee request amount to only $2,936.16
of Plaintiffs’ total request for $376,069.71—0.78% of the requested award. Particularly given
Plaintiffs’ evident willingness to accept these minor reductions, it is not clear why the parties did
Case 1:18-cv-01104-RC Document 76 Filed 03/15/21 Page 2 of 10
that Plaintiffs concede, Plaintiffs’ requested attorneys’ fees are reasonable, as are their other
requested costs. Accordingly, the Court will grant in part and deny in part Plaintiffs’ motion for
fees and costs.
II. FACTUAL BACKGROUND
In October 2017, Plaintiffs filed a due process complaint with the District’s Office of the
State Superintendent of Education alleging that the District had failed to provide their son, E.B.,
a FAPE in violation of the IDEA. Collette v. Dist. of Columbia, No. CV 18-1104, 2019 WL
3502927, at *4 (D.D.C. Aug. 1, 2019). Plaintiffs identified twelve issues relating to the
District’s provision of educational services between 2012 and 2018. Id. They sought
reimbursement for placing E.B. at a private school for three years, prospective placement at the
same private school in the future, and an order for the District to provide compensatory
education services to E.B. Id.
At the conclusion of a four-day administrative hearing, Plaintiffs dropped two of their
claims and the hearing officer resolved the ten remaining claims in a Hearing Officer
Determination (“HOD”). Id. The hearing officer resolved several claims in the District’s favor, 2
but found that the Fall 2016 Individualized Education Plan (“IEP”) and District’s subsequent
failure to revise the IEP by the start of the 2017-2018 school year both denied E.B. a FAPE. Id.
In August 2019, Plaintiffs challenged the HOD in this Court with respect to the hearing
officer’s denial of a number of their claims, as well as the adequacy of the remedy they were
not settle but, instead, required this Court to resolve the fee request. See DL v. Dist. of
Columbia, 924 F.3d 585, 595 (D.C. Cir. 2019) (“Not so long ago, the prevailing belief was that
parties would often be able to agree on reasonable attorney’s fees.”) (citing Hensley v. Eckerhart,
461 U.S. 424, 437 (1983) (“Ideally, of course, litigants will settle the amount of a fee.”)).
2
The Court previously provided a detailed account of Plaintiffs’ claims and their resolution in
the initial HOD. See Collette, 2019 WL 3502927 at *4–6.
2
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granted for the District’s failure between 2016 and 2018 to provide E.B. a FAPE. Id at *1. This
Court concluded, inter alia, that the hearing officer awarded inadequate relief to Plaintiffs, 3 and
remanded the matter to the hearing officer to rule on prospective placement of the student and to
ascertain compensatory education services. Id. at *15–16.
In April 2020, Plaintiffs prevailed at the hearing on remand. See Pls.’ Mot. Ex. 2, ECF
No. 72-4. E.B. was prospectively placed at the school of his choice and Plaintiffs were awarded
appropriate compensatory education services. Id. Because Plaintiffs prevailed on remand, they
now seek reimbursement for attorneys’ fees, expert fees, and other costs incurred in preparation
for the first administrative hearing, the proceeding in this Court, and the second administrative
hearing on remand.
III. ANALYSIS
A. Attorneys’ Fees
1. Legal Standard for Determining Hourly Rate
The IDEA provides that “the court, in its discretion may award reasonable attorneys’ fees
. . . to a prevailing party who is the parent of a child with a disability.” 20 U.S.C.
§ 1415(i)(3)(B)(i). The Court thus bases an award of fees on a two-step inquiry: first, whether
the party seeking attorneys’ fees is the prevailing party, and second, whether the requested fees
are reasonable. McAllister v. Dist. of Columbia, 21 F. Supp. 3d 94, 99 (D.D.C. 2014), aff’d, 794
F.3d 15 (D.C. Cir. 2015).
Because the District does not dispute that Plaintiffs prevailed and that some award to
them is appropriate, the Court turns to whether the requested fees are reasonable. Id.
3
A detailed account of each of the motions brought in the underlying matter appears in the
Court’s previous opinion. See Collette, 2019 WL 3502927 at *7–16.
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Reasonable fees are calculated by multiplying “the number of hours reasonably expended on the
litigation . . . by a reasonable hourly rate.” Hensley, 461 U.S. at 433 (1983); see also Jackson v.
Dist. of Columbia, 696 F. Supp. 2d 97, 101 (D.D.C. 2010) (applying Hensley in the IDEA
context). In an action for attorneys’ fees following an administrative proceeding under the
IDEA, the “plaintiff bears the burden of establishing the reasonableness” of the requested fees
and must address “whether both the hourly rate and number of hours . . . are reasonable.”
Wilhite v. Dist. of Columbia, 196 F. Supp. 3d 1, 5 (D.D.C. 2016) (citing Eley v. Dist. of
Columbia, 793 F.3d 97, 104 (D.C. Cir. 2015)). To establish reasonableness of the hourly rate, a
plaintiff must submit evidence of “the attorneys’ billing practices; the attorneys’ skill,
experience, and reputation; and the prevailing market rates of the relevant community.”
McAllister, 21 F. Supp. 3d at 100 (quoting Covington v. Dist. of Columbia, 57 F.3d 1101, 1107
(D.C. Cir. 1995)). A plaintiff must demonstrate that the requested rates “are in line with those
prevailing in the community for similar services by lawyers of reasonably comparable skill,
experience, and reputation.” Eley, 793 F.3d at 100 (quoting Blum v. Stenson, 465 U.S. 886, 895
n.11 (1984)). In the context of the IDEA, rates must specifically be consistent with “those
prevailing in the community” for other IDEA litigation. Id.; Joaquin v. Friendship Pub. Charter
Sch., 188 F. Supp. 3d 1, 16 (D.D.C. 2016). Evidence may include: “surveys [that] update [fee
matrices]; affidavits reciting the precise fees that attorneys with similar qualification have
received from fee-paying clients in comparable cases; and evidence of recent fees awarded by
the courts or through settlement to attorneys with comparable qualifications handling similar
cases.” Eley, 793 F.3d at 101 (quoting Covington, 57 F.3d at 1109).
Upon a satisfactory showing of evidence by a plaintiff, the burden shifts to defendant to
“rebut the plaintiff’s showing.” McAllister, 21 F. Supp. 3d at 100. If neither party presents
4
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satisfactory evidence demonstrating that their preferred hourly rate is reasonable, “the court may
determine the amount of that rate by reference to the [USAO] Laffey matrix.” 4 Id. Moreover,
the Court has discretion to reduce a fee award in the event of only limited or partial success on
the merits. Hensley, 461 U.S. at 433–34.
2. Reasonableness of the Hourly Rate
Plaintiffs contend that the rates charged by their counsel, which ranged from $581 per
hour to $665 per hour, are reasonable and supported by their counsel’s billing practices; skills,
experience, and reputation; and the prevailing market rate in the relevant community. Pls.’
Mem. of Points and Authorities in Supp. of Pls.’ Mot. for Att’ys’ Fees (“Pls.’ Mem.”) at 5–11,
ECF No. 72-2; see Covington, 57 F.3d at 1107. Importantly, the District does not challenge the
reasonableness of the rates that the Plaintiffs’ counsel charged. Def.’s Opp’n at 1 n.1. Given the
District’s acceptance of Plaintiffs’ claimed hourly rates, the Court will only briefly review the
evidence presented by Plaintiffs in support of their motion. Plaintiffs have provided evidence
from each of the three relevant categories to support their assertion that their hourly rates based
on the USAO Laffey matrix are reasonable. 5
4
The USAO Laffey Matrix is prepared by the Civil Division of the United States Attorney’s
Office for the District of Columbia. It presents a matrix of hourly rates for attorneys of varying
experience levels and paralegals/law clerks for use when a “fee-shifting” statute permits the
recovery of reasonable attorneys’ fees. See generally Eley, 793 F.3d at 100–04.
5
Courts have previously analyzed whether IDEA litigation is sufficiently complex to warrant
awards of attorneys’ fees in the full amount proscribed by the LSI Laffey matrix. See Reed v.
Dist. of Columbia, 843 F.3d 517, 526 (D.C. Cir. 2016); Joaquin 188 F. Supp. 3d at *15–20. The
LSI Laffey matrix is based on surveys of rates charged for complex federal litigation and
increases based on legal-services inflation, while the USAO Laffey matrix increases based on
general inflation. See DL, 924 F.3d at 589-90 (D.C. Cir. 2019). In 2015, the methodology used
to calculate the rates in the USAO Laffey matrix changed and significantly departed from the
methodology used to calculate rates in the LSI Laffey matrix, yielding rates significantly below
the LSI Laffey matrix rates. Id. The new methodology “encompasses a far broader scope of fees
charged by lawyers practicing in different sizes of offices, across different types of specialties, in
both litigation and non-litigation types of matters.” Jones v. Dist. of Columbia, 2019 WL
5
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First, Plaintiffs submitted surveys that support the assertion that the rates in the USAO
Laffey matrix are the prevailing market rates. See Pls.’ Mot. Ex. 6, ECF No. 72-8; Pls.’ Mot. Ex.
7, ECF 72-9. Plaintiffs note that the rates reflected in the survey results for attorneys in the D.C.
area indicate that prevailing market rates in D.C. are higher than the USAO Laffey matrix rates
requested by their attorney. Pls.’ Mem. at 9.
Second, Plaintiffs have also included several affidavits from local practitioners
specializing in special education cases. See Pls.’ Mot. Exs. 8–12 (Declarations of Alana Hecht,
Nicholas Ostrem, Charles Moran, Carolyn Houck, and Douglas Tyrka, respectively), ECF Nos.
72-10, 72-11, 72-12, 72-13, 72-14. Several indicate that their typical rates for paying IDEA
clients are consistent with the USAO Laffey matrix. See, e.g., Ostrem Decl. ¶ 3 (“The Ostrem
Firm has always matched its hourly rates to what is commonly known as the “Laffey matrix . . .
.”); Moran Decl. ¶ 11 (“My firm has always set its rates with reference to a Laffey matrix.”);
Houck Decl. ¶ 3 (“The hourly rates that I charge my clients are in line with the rates set forth in
the current Laffey attorney’s fees matrix.”); Tyrka Decl. ¶ 2 (“From its inception in 2005 Tyrka
& Associates has always exclusively charged at hourly rates matching those in what is
commonly known as ‘the LSI Laffey matrix’ . . . .”).
Third, Plaintiffs reference several cases in which their counsel’s billing rates, which were
consistent with the USAO Laffey matrix, were upheld. See, e.g., Jones, 2019 WL 652349;
Garvin v. Dist. of Columbia, 851 F. Supp. 2d 101 (D.D.C. 2012); Cox v. Dist. of Columbia, 754
F. Supp. 2d 66 (D.D.C. 2010).
652349, at *8 (D.D.C. Feb. 15, 2019) (citing Makray v. Perez, 159 F. Supp. 3d 25, 51 (D.D.C.
2016)). The Court follows the approach of the court in Jones and determines that no inquiry into
the complexity of IDEA litigation is necessary to determine whether use of the USAO Laffey
matrix is appropriate for determining the reasonableness of attorneys’ rates in IDEA litigation, as
the matrix is no longer applicable only to complex federal litigation. See id.
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Given the evidence that Plaintiffs have proffered in support of their contention that their
requested attorneys’ fees are reasonable, and the District’s lack of opposition to this contention,
the Court finds that the claimed hourly rates are reasonable and will therefore award the
attorneys’ fees at the rates requested.
3. Reasonableness of Hours Billed
Fee awards may be reduced when a plaintiff “has failed to prevail on a claim that is
distinct in all respects from his successful claims[.]” Hensley, 461 U.S. at 440. In that instance,
“the hours spent on the unsuccessful claim should be excluded in considering the amount of a
reasonable fee.” Id. The District urges the Court to strike specific items from Plaintiffs’
attorney’s invoice related to classroom observations, given that they allege Plaintiffs did not
prevail on the issue of classroom observations. Def.’s Opp’n at 2–3. Because the District does
not contest any of the other time entries, the Court finds that all other entries are reasonable.
Turning to the contested billing entries, Plaintiffs indicate their willingness to accept the
reduction, without waiving their position that the entries are compensable. Pls.’ Reply to Def.’s
Mot. for Att’ys’ Fees and Costs (“Pls.’ Reply”) at 2, ECF No. 74. Deducting the line items in
question would reduce the award by $697.20. 6 The District maintains that these line items each
reference classroom observations, and that Plaintiffs neither raised nor prevailed on that issue in
the first administrative hearing. Def.’s Opp’n at 2–3. Plaintiffs allege that the items relate to
“consultations with a potential expert witness and generally addressed [the witness’s] need to
conduct a classroom observation to be able to adequately inform Plaintiffs regarding case
issues.” Pls.’ Reply at 2.
6
The line items on Plaintiffs’ invoice relating to classroom observations are dated 12/13/2016,
2/15/2017, 3/8/2017, 3/10/2017, 3/23/2017. Def.’s Opp’n. at 3 n.2.
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In some IDEA cases, a plaintiff may claim that a school’s formulation of an IEP is
procedurally deficient because an expert did not conduct first-hand classroom observations of the
student. See Richardson v. Dist. of Columbia, 273 F. Supp. 3d 94, 98 (D.D.C. 2017); McLean v.
Dist. of Columbia, 264 F. Supp. 3d 180, 182 (D.D.C. 2017). In this case, however, the issue of
classroom observations only arose because the District’s school psychologist, in an IEP meeting,
suggested that the neuropsychologist’s IEE was incomplete because it did not include classroom
observation. Pls.’ Mot. Ex. 1 at 28, ECF No. 72-3. The IEP team then declined to incorporate
recommendations from that evaluation into the IEP. Id. Because Plaintiffs were satisfied with
the neuropsychologist’s recommendations and only took issue with the school’s failure to
incorporate the recommendations into the IEP, they had no reason to argue in the administrative
hearing that the lack of classroom observations made the IEE procedurally deficient. See id. As
a result, it is not clear why the District believes that the particular billing items relate to a
potential request for classroom observations that Plaintiffs ultimately did not make.
Additionally, when the issue of classroom observations arose before this Court, it found
that the administrative record did not support an assertion that classroom observation was a
District of Columbia Public School requirement for neuropsychological evaluations and granted
summary judgment on the issue to Plaintiffs, ordering the District to pay the full cost of the
evaluation. Collette, 2019 WL 3502927 at *14–15. Because Plaintiffs had no obvious reason to
raise the issue of classroom observations and prevailed on the issue in the only context in which
it arose before this Court, the Court is uncertain Plaintiffs should have withdrawn their request
for fees on this point. Nonetheless, given Plaintiffs’ concession, the Court will reduce these
specific entries from the fee request.
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B. Expert Fees and Costs
Plaintiffs additionally seek $8,238.96 in expert fees and $3,662.60 in other costs, to total
$11,901.56. Though the IDEA itself does not entitle parties to recover expert fees, see Arlington
Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291, 297 (2006), expert fees are recoverable in
an IDEA case in the District of Columbia under D.C. Code § 38-2571.03(7), which states:
In any action or proceeding brought under Part B or Part C of IDEA, a court, in its
discretion, may award reasonable expert witness fees as part of the costs to a
prevailing party: [w]ho is the parent of a child with a disability . . . based on rates
prevailing in the community in which the action or proceeding arose for the kind
and quality of services furnished; provided, that the maximum award shall be
$6,000 per action or proceeding . . . .
Plaintiffs bear the burden of establishing entitlement to an award of expert fees by
showing that the expert’s rates are reasonable and “based on rates prevailing in the community in
which the action or proceeding arose for the kind and quality of services furnished.” D.C. Code
§ 38-2571.03(7)(A)(i), (B); see Wright, Next Friend of J.J. v. Dist. of Columbia, No. 18-cv-2818,
2019 WL 4737699, at *7 (D.D.C. Sept. 28, 2019) (denying without prejudice plaintiffs’ request
for expert costs when plaintiffs failed to provide documentation establishing that the expert’s
rates “are based on the rates prevailing in the community”); Pugh v. Dist. of Columbia, 2018 WL
6790170, at *10 (D.D.C. Sept. 28, 2018) (recommending same). Here, Plaintiffs provide no
supporting documentation to establish the reasonableness of any of the experts’ rates. But, given
that the District does not challenge the requested amount of expert fees, the Court awards the
requested expert fees at the maximum amount authorized by statute—$6,000.
With respect to other costs, the Court will award Plaintiffs $3,662.60 associated with
photocopies, parking, mileage, and filing fees incurred in the administrative hearings and
litigation, an amount that the District does not challenge. See Briggs v. Dist. of Columbia, 73 F.
Supp. 3d 59, 64 (D.D.C. 2014) (awarding costs for mileage, parking, and postage); McClam v.
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Dist. of Columbia, 808 F. Supp. 2d 184, 190–91 (D.D.C. 2011) (awarding costs for copying,
faxing, and mileage).
C. Calculation of Fee Award
Based on the Court’s conclusions regarding hourly rates, hours billed, and costs,
Plaintiffs will be awarded $363,470.95 in attorneys’ fees for work on the IDEA proceedings,
plus $6,000 in expert fees and $3,662.60 in general costs, for a total award of $373,133.55. 7
IV. CONCLUSION
For the foregoing reasons, Plaintiffs’ Motion for Fees and Costs (ECF No. 72) shall be
GRANTED IN PART AND DENIED IN PART. An order consistent with this Memorandum
Opinion is separately and contemporaneously issued.
Dated: March 15, 2021
RUDOLPH CONTRERAS
United States District Judge
7
Given operational challenges due to Covid-19, the District requests that post-judgment
interest begin accruing 60 days from the date of the Court’s order (rather than 30 days, as
Plaintiffs initially requested). Def’s Opp’n at 5. Plaintiffs do not object to this request. Pls.’
Reply at 3. Therefore, post-judgment interest on the award will begin to accrue 60 days
following the issuance of this Court’s order at the statutory rate. See 28 U.S.C. § 1961(a).
10
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