K. et al v. Department of Education, State of Hawaii
Filing
65
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION RE PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND COSTS for 61 . Signed by JUDGE ALAN C KAY on 06/17/2013. (eps) -- the Court adopts the magistrate judge's Findings and Recommendation that Plaintiffs be awarded a total of $77,745.10 in attorneys' fees and costs. CERTIFICATE OF SERVICEParticipants registered to receive electronic noti fications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
)
)
SAM K., by and through his
PARENTS, DIANE C. and GEORGE K.,)
)
Plaintiffs, )
)
)
vs.
)
)
DEPARTMENT OF EDUCATION, State )
of Hawaii,
)
)
Defendant. )
)
Civ. No. 12-00355 ACK-BMK
ORDER ADOPTING THE MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION
RE PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES AND COSTS
BACKGROUND1/
The parties in this case have been embroiled in
litigation since 2003, and the Court has provided a more detailed
background of this case in its Order Affirming in Part and
Reversing in Part the Administrative Hearing Officer’s Decision
filed on February 13, 2013 (“2013 Order Reversing AHO Decision”).
See ECF No. 46.
Plaintiff Sam K. is a high school student who has been
deemed eligible for special education and related services under
the Individuals with Disabilities Act (“IDEA”).
1/
In October 2011,
The facts as recited in this Order are for the purpose
of disposing of the current motion and are not to be construed as
findings of fact that the parties may rely on in future
proceedings.
-1-
Sam, by and through his parents, Diane C. and George K.
(“Plaintiffs”), filed a due process request to review an
Individualized Education Program issued by the State of Hawai#i
Department of Education (“Defendant” or “DOE”) for the 2010-2011
school year.
2013 Order Reversing AHO Decision at 7, ECF No. 46.
After six days of hearings, the Administrative Hearings Officer
(AHO) issued a decision denying reimbursement to Plaintiffs for
private school tuition costs.
Plntfs.’ Objection Ex. 5 at 3.
Although the AHO found, inter alia, that Defendant had failed to
meet its requirements under the IDEA and that Plaintiffs were
entitled to reimbursement; the AHO denied relief because
Plaintiffs allegedly failed to file their hearing request within
the statute of limitations period.
Decision at 7-8, ECF No. 46.
2013 Order Reversing AHO
Plaintiffs appealed the AHO’s
decision, and this Court subsequently reversed the AHO’s
determination regarding the statute of limitations issue and
awarded reimbursement to Plaintiffs.
Id at 38-39.
On February 28, 2013, Plaintiffs filed their Motion for
Attorneys’ Fees and Costs (“Motion”).
ECF No. 49.
Defendant
filed an Opposition to the Motion on March 14, 2013.
ECF No. 51.
Plaintiffs subsequently filed a Reply on March 28, 2013.
ECF No.
56.
On April 30, 2013, the magistrate judge issued a
Findings and Recommendation that Plaintiffs’ Motion be granted in
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part and denied in part (“April 30 Recommendation”).
ECF No. 61.
The magistrate judge found, inter alia, that Plaintiff’s
attorney, Mr. Varady, requested an unreasonably high rate of $375
per hour.
Id at 4.
The magistrate judge ultimately awarded Mr.
Varady an hourly rate of $285 and awarded his paralegal an hourly
rate of $85.
Id.
The magistrate judge also reviewed the number
of hours submitted, and concluded that Mr. Varady could collect
fees for 255.05 hours while his paralegal could collect fees for
12.5 hours.
Id at 6-9.
The magistrate judge also awarded
Plaintiffs costs in the amount of $518.17.
Id at 9.
As a
result, including tax on the fee award, the magistrate judge
recommended a total award of $77,745.10.
Id.
Both Plaintiffs and Defendant filed Objections to the
April 30 Recommendation on May 14, 2013.
ECF Nos. 62 & 63.
Defendant subsequently filed a Reply to Plaintiffs’ Objections on
May 28, 2013.
ECF No. 64.
Defendant’s Objection.
Plaintiffs did not file a Reply to
Objections to a magistrate judge’s
recommendation are usually treated as non-hearing motions to be
decided on the submissions.
Local Rule 7.2(e).
The Court finds
that a hearing for this matter is neither necessary nor
appropriate.
See L.R. 7.2(e).
STANDARD
A district court reviews de novo those portions of a
magistrate judge’s findings and recommendation to which an
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objection is made and may accept, reject, or modify, in whole or
in part, the findings and recommendation made by the magistrate
judge.
28 U.S.C. § 636(b)(1); United States v. Rivera-Guerrero,
377 F.3d 1064, 1071 (9th Cir. 2004) (citation omitted); L.R.
74.2.
The district court may receive further evidence or
recommit the matter to the magistrate judge with instructions.
28 U.S.C. § 636(b)(1); L.R. 74.2.
The district court has
discretion, but is not required, to consider evidence presented
for the first time in a party’s objection to a magistrate judge’s
recommendation.
Akhtar v. Mesa, 698 F.3d 1202, 1208 (9th Cir.
2012) (citation omitted).
DISCUSSION
I.
Whether This Court Retains Jurisdiction to Grant Plaintiffs’
Attorneys’ Fees Motion.
Defendant’s first objection is that the district court
lacks jurisdiction to grant a motion for attorneys’ fees because
Defendant filed a notice of appeal to the Ninth Circuit
contesting the result of this Court’s Order.
5-7.
Def.’s Objection at
However, the Ninth Circuit has clearly stated that district
courts in this circuit retain jurisdiction over attorney’s fees
motions even if a notice of appeal has been filed.
In re Elias,
188 F.3d 1160, 1164 (9th Cir. 1999) (holding that “a district
court in this circuit retains jurisdiction to rule upon a request
for attorney fees” even when a notice of appeal has been filed);
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Cazares v. Barber, 959 F.2d 753, 755-56 (9th Cir. 1992) (holding
that a district court has jurisdiction to grant attorneys’ fees
even after an appeal has been filed).
In Masalosalo v. Stonewall Ins. Co., the Ninth Circuit
explained that the rule of exclusive appellate jurisdiction is “a
creature of judicial prudence . . . and is not absolute.”
F.2d 955, 956 (9th Cir. 1983).
718
The court of appeals reasoned
that the district court’s retention of jurisdiction over
attorneys’ fees motions would avoid “piecemeal appeals” that
would hamper judicial efficiency.
Id at 957.
While Defendant
directs this Court to the reasoning in the dissenting opinion;
the dissent is not the law of this circuit.
5-6.
Def.’s Objection at
Additionally, Defendant’s argument that Masalosalo does not
apply to IDEA cases is clearly refuted by the Ninth Circuit’s
language in the opinion in addition to subsequent Ninth Circuit
cases applying the holding to other areas of law.2/
718 F.2d at 956-57.
Masalosalo,
See In re Elias, 188 F.3d 1160, 1164 (9th
Cir. 1999), Cazares v. Barber, 959 F.2d 753, 755-56 (9th Cir.
1992), League of Women Voters of California v. F.C.C., 751 F.2d
986, 990 (9th Cir. 1985).
Accordingly, the Court may exercise
jurisdiction to determine Plaintiffs’ Motion.
2/
Defendant also cites to Thorp v. United States, 655 F.2d
997 (9th Cir. 1981) for the proposition that this Court lacks
jurisdiction. This Court notes that Thorp predates Masalosalo;
moreover, Thorp does not directly address the district court’s
jurisdiction over attorneys’ fees motions. 655 F.2d at 998.
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II. Whether This Court Should Reject the Magistrate Judge’s
Conclusion Regarding Plaintiffs’ Attorney’s Hourly Rate.
Both Plaintiffs and Defendant object to the magistrate
judge’s determination of the hourly fee for Plaintiffs’ attorney,
Mr. Varady.
22.
Def.’s Objection at 7-8; Plntfs.’ Objection at 17-
The magistrate judge found, inter alia, that Mr. Varady’s
requested hourly rate of $375 was unreasonable.
Recommendation at 4, ECF No. 61.
April 30
The magistrate judge considered
numerous factors, including the fact that Mr. Varady had
previously obtained an hourly rate of $275 in past cases, in
finding that an hourly rate of $285 was reasonable.
Plaintiffs
object to the determination on the basis that the hourly rate of
$375 is reasonable (Plntfs.’ Objection at 20-22); Defendant
objects on the basis that Mr. Varady’s hourly rate should not be
increased from $275 to $285.
Def.’s Objection at 7-8.
Courts use the lodestar calculation from the Supreme
Court's decision in Hensley to determine the award of reasonable
attorneys' fees in IDEA cases.
E.g. Aguirre v. Los Angeles
Unified School Dist., 461 F.3d 1114, 1121 (9th Cir. 2006)
(holding that “attorney's fees awarded under 20 U.S.C. § 1415 are
governed by the standards set forth by the Supreme Court in
Hensley and its progeny”).
The “lodestar” is calculated by
multiplying the number of hours reasonably spent on the
litigation by a reasonable hourly rate.
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Morales v. City of San
Rafael, 96 F.3d 359, 363 (9th Cir. 1996) (citation omitted);
Hensley v. Eckerhart, 461 U.S. 424, 433 (1983) (“The most useful
starting point for determining the amount of a reasonable fee is
the number of hours reasonably expended on the litigation
multiplied by a reasonable hourly rate.”).
The factors the courts may consider when determining
attorneys’ fees are as follows:
(1) the time and labor required,
(2) the novelty and difficulty of the questions involved,
(3) the skill requisite to perform the legal service
properly,
(4) the preclusion of other employment by the attorney due
to acceptance of the case,
(5) the customary fee,
(6) time limitations imposed by the client or the
circumstances,
(7) the amount involved and the results obtained,
(8) the experience, reputation, and ability of the
attorneys,
(9) the “undesirability” of the case,
(10) the nature and length of the professional relationship
with the client, and
(11) awards in similar cases.
Van Gerwen v. Guarantee Mut. Life Co., 214 F.3d 1041, 1045 n.2
(9th Cir. 2000) (citing Hensley, 461 U.S. at 430 n.3).
The
district court may not consider whether the case is based on a
contingency arrangement when determining reasonable attorney’s
fees.
City of Burlington v. Dague, 505 U.S. 557 (1992); Davis v.
City & County of San Francisco, 976 F.2d 1536, 1546 n.4 (9th Cir.
1992), vacated in part on other grounds, 984 F.2d 345 (9th Cir.
1993).
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During the first step of calculating the lodestar, the
district court excludes from the lodestar amount “hours that are
excessive, redundant, or otherwise unnecessary.”
F.3d 1041, 1045 (9th Cir. 2000).
Van Gerwen, 214
Additionally, factors regarding
the novelty and difficulty of the questions involved, the quality
of the representation, and the results obtained are usually
reflected in the number of hours billed and the hourly rate
charged.
Id at 1045 n. 2; Blum v. Stenson, 465 U.S. 886, 898
(1984).
For the second step after calculating the lodestar, the
court may adjust the amount upward or downward using a
“multiplier” based on “factors not subsumed in the initial
calculation of the lodestar.”
Id.
Plaintiffs argue that awarding a $285 hourly rate is
impermissible because the Court lacks discretion to “hold the
line” at a particular rate.
Plntfs.’ Objection at 19.
Plaintiffs cite to Moreno v. City of Sacramento, 534 F.3d 1106
(9th Cir. 2008) for the rule that district courts may not
implement a policy of holding fees at a certain level.
However,
the magistrate judge’s considerations do not indicate that the
judge attempted to “hold the line” at a certain level.
Recommendation at 4-5, ECF No. 61.
April 30
The Ninth Circuit in Moreno
stated that a court may “consider the fees awarded by other
judges in similar cases.”
534 F.3d at 1115.
-8-
In this case, the
magistrate judge based his conclusion on, inter alia, recent fee
awards to attorneys involved in similar lawsuits, the skill of
plaintiff’s counsel, and the results obtained.
April 30
Recommendation at 4-5, ECF No. 61.
The magistrate judge cited to Colyn F. v. State of Haw.
Dep’t of Educ. in his analysis of determining an appropriate fee
award to attorneys involved in IDEA cases.
Civ. No. 12-00009
SOM-BMK, 2012 WL 6738539 at *3 (D. Haw. Dec. 31, 2012).
Colyn, Mr. Levin was awarded a rate of $300 per hour.
In
Id at *1.
In the instant case, the magistrate judge noted that Mr. Levin
has over thirty years of experience in IDEA cases, which is “more
experience than Mr. Varady.”
No. 61.
April 30 Recommendation at 5, ECF
According to Mr. Varady’s declaration, he has been in
private practice for about sixteen years in comparison to Mr.
Levin’s thirty years.
Decl. of Varady, ECF No. 63-1.
In light
of the fact that the Colyn case had been issued less than a year
ago, the magistrate judge correctly determined that $285 is a
reasonable rate for Mr. Varady.
See also, Carrie I. v. Dep’t. of
Educ., Civ. No. 11-00464 JMS-RLP, at 8-10 (D. Haw. July 25, 2012)
(awarding Mr. Levin an hourly rate of $300).
In support of his argument that a $375 hourly rate is
reasonable, Mr. Varady attaches several declarations from
attorneys in the local community.
See Decl. of Paul Alston at ¶¶
8, 10, ECF No. 63-15; Decl. of Matthew Bassett, ¶¶ 9-10, ECF No.
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63-16; Decl. of Susan Dorsey, ¶¶ 9-10, ECF No. 63-17; Decl. of
Jerel Fonseca, ¶ 12, ECF No. 63-18; Decl. of Alan Murakami, ¶ 23,
ECF No. 63-19.
The Court observes that the three attorneys who
generally handle IDEA cases receive an hourly rate of $285 or
less for IDEA cases.
in 2013.
Mr. Fonseca received an hourly rate of $285
I.T. ex rel. Renee T. v. Dep’t of Educ., Hawai#i, Civil
No. 11-00676 LEK-KSC, 2013 WL 419016 at *1-2 (D. Haw. 2013).
Dorsey received an hourly rate of $200 in 2012.
6738539 at *3.
2010.
Ms.
Colyn, 2012 WL
Mr. Bassett received an hourly rate of $225 in
Dep’t of Educ. v. Zachary B., Civil No. 08-00499 JMS-LEK,
2010 WL 346393 at *4 (D. Haw. 2010).
Defendant on the other hand argues that Mr. Varady’s
rate should not be increased by $10 because 1) the administrative
due process hearing in this case involved common as opposed to
complex issues and 2) Plaintiff failed to produce evidence that
the increase in the hourly rates are in line with those in the
prevailing community.
Def.’s Objection at 8.
For the reasons
stated above, the Court rejects Defendant’s second argument; the
magistrate judge examined the rates in the community.
Regarding
the first argument, the Court observes that the complexity of the
issues in the case is only one of the factors that this Court may
consider.
See Van Gerwen, 214 F.3d at 1045 n.2.
In light of the
increases in the prevailing rates in the community, Mr. Varady’s
experience, and the quality of the representation, the Court
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determines that it is appropriate to award Mr. Varady a higher
rate than what he was awarded some five years ago.
Accordingly,
the Court adopts the magistrate judge’s findings and
recommendation regarding the hourly rate.
III. Whether Mr. Varady’s Hours Should Be Reduced For Block
Billing.
Defendant also argues that Mr. Varady “block billed”
thirty seven entries composing about 173 hours, and that the
magistrate judge should have subtracted about 20% of the hours
because of the allegedly improperly recorded charges.
Objection at 9.
Def.’s
The Court observes that Defendant’s list of
“block-billed” entries contains mistakes such as duplicating
entries or incorrectly listing the number of hours connected to a
billing entry.
Compare Plntfs.’ Mtn for Attorneys’ Fees and
Costs, Ex. 10.1, ECF No. 49-12 with Def.’s Opp. to Plntfs.’ Mtn
for Attorneys’ Fees at 14-16, ECF No. 51.
Despite these
inconsistencies, the Court notes that Defendant identifies 173.65
hours of allegedly “block-billed” entries.
See Plntfs.’ Mtn for
Attorneys’ Fees and Costs, Ex. 10.1, ECF No. 49-12.
Mr. Varady
argues that a reduction is not appropriate because the entries
provide some information about the task worked on for each day.
Plntfs.’ Objection at 30.
According to the Ninth Circuit, block billing is “the
time-keeping method by which each lawyer and legal assistant
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enters the total daily time spent working on a case, rather than
itemizing the time expended on specific tasks.”
Welch v.
Metropolitan Life Ins. Co., 480 F.3d 942, 945 n.2 (9th Cir.
2007).
In this case, a few of the entries fall within this
definition because there are entries that list “numerous tasks
performed over multi-hour spans.”
Secalt S.A. v. Wuxi Shenxi
Const. Machinery Co., Ltd., 668 F.3d 677, 690 (9th Cir. 2012);
see Plntfs.’ Mtn for Attorneys’ Fees and Costs, Ex. 10.6, 10.9,
10.10, ECF No. 49-12.
The magistrate judge observed that, even though some of
the entries described two tasks instead of one, the inclusion of
two tasks did not hinder the court’s ability to determine the
reasonableness of the charges.
No. 61.
April 30 Recommendation at 8, ECF
After reviewing the billing records, this Court
concludes likewise.
Entries such as “Review supplemental
exhibits and draft responsive declaration to MPuu” and “Research
and draft pre-hearing brief” are sufficiently clear even if two
tasks are described in the same entry.
See Plntfs.’ Mtn for
Attorneys’ Fees and Costs, Ex. 10.1, ECF No. 49-12.
As a result,
the Court determines that it need not impose a reduction for such
entries.
See Dep’t of Educ. Hawai#i v. C.B. ex rel. Donna B.,
Civ. No. 11-00576 SOM-RLP, 2012 WL 7475406 at *10 (D. Haw. 2012),
adopted as order of the court by Dep’t of Educ. Hawai#i v. C.B. ex
rel Donna B., 2013 WL 704934 (D. Haw. 2013).
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A few entries contain a laundry list of tasks.
Such
entries include statements like “Review exhibits and continue
witness preparation and outline of direct examination for
hearing” for an entry of 6.60 hours.
Plntfs.’ Mtn for Attorneys’
Fees and Costs, Ex. 10.4, ECF No. 49-12.
However, the Court
notes that there are only a few of these entries, composing about
20 of the hours billed.
Id at 10.4, 10.5, 10.6.
Additionally,
Mr. Varady reduced his bill by 10.4 hours and did not claim fees
for his Reply submitted to the magistrate in support of his
attorneys’ fees motion or the Objection submitted to this Court.3/
After considering Mr. Varady’s voluntary deductions, the Court
concludes that a reduction of part of the approximately 20 blockbilled hours is not warranted.
See Secalt, 668 F.3d at 690
(holding that the district court did not abuse its discretion by
awarding fees for a small number of block-billed entries); Ko
Olina Dev., LLC v. Centex Homes, Civ. No. 09-00272 DAE-LEK, 2011
WL 1235548 at *11 (D. Haw. 2011); and Dep’t of Educ. Hawai#i v.
3/
According to Colyn F. v. Dep’t of Educ., Hawai#i,
attorneys may charge and collect fees for work completed in the
course of litigating an attorneys’ fees dispute under the IDEA.
Civ. No. 12-00009, 2012 WL 6738539 at *4-7 SOM/BMK (D. Haw.
2012). The Court assumes that Mr. Varady could have charged at
least an additional 25 hours for work completed for the fee
dispute. See Plntfs.’ Reply for Mtn. for Attorneys’ Fees at 5,
ECF No. 56 (noting that Mr. Varady spent around 16.7 hours
working on the Reply memorandum); Plntfs.’ Objections at 26, ECF
No. 63 (noting that Mr. Varady spent 8.9 hours working on
Plaintiffs’ Objection).
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C.B. ex rel. Donna B., Civ. No. 11-00576 SOM-RLP, 2012 WL 7475406
at *10 (D. Haw. 2012).
IV. Whether Mr. Varady’s Hours Should Be Reduced for Failure to
Specify the Type of Research Performed.
The Court observes that under Local Rule 54.3(d)(2), an
attorney should include the specific issue researched when
describing legal research tasks.
In this case, Mr. Varady did
not specify the issue researched in many of the billing entries.
Plntfs.’ Mtn for Attorneys’ Fees and Costs, Ex. 10.1, 10.2, 10.3,
10.6, 10.7, 10.8, 10.9, 10.10, ECF No. 49-12.
While the magistrate judge concluded that Mr. Varady’s
entries were not sufficiently detailed, the magistrate judge
declined to impose a reduction because Mr. Varady voluntarily
reduced his bill as explained above.
See Section III supra at
13, 13 n.13; April 30 Recommendation at 7, ECF No. 61; Plntfs.’
Reply for Mtn. for Attorneys’ Fees, ECF No. 56 at 5, 9.
This
Court likewise finds that a 20% reduction of the approximately 90
hours recorded with improper research entries is not warranted
based on Mr. Varady’s voluntary reductions.
V. Whether Mr. Varady’s Hours Should Be Reduced for Lack of
Specificity Regarding Witness Preparation.
Defendant contends that Mr. Varady should not receive
fees for an entry of 4.2 hours described as “Witness prep.”
Plntfs.’ Mtn for Attorneys’ Fees and Costs, Ex. 10.4, ECF No. 49-14-
12.
However, the Court observes that 4.2 hours of witness
preparation time is not an unreasonable amount of time when five
witnesses are called to testify at a hearing.
See Witt v. U.S.
Dep’t of the Air Force, Civ. No. 06-cv-05195, 2012 WL 1747974 at
*6 (W.D. Wash. 2012) (awarding forty-two hours of attorneys’ fees
despite entry description of “witness prep” because the number of
hours was reasonable in light of the numerous trial witnesses
involved in the case); Plntfs.’ Objection at 33, Ex. 5 at 10, 11,
14.
As a result, the Court concludes that Mr. Varady should be
awarded fees for witness preparation.
VI. Whether This Court Should Incorporate Defendant’s Prior
Briefs Regarding the Attorneys’ Fees Dispute.
Defendant’s objection attempts to incorporate by
reference Defendant’s Memorandum in Opposition considered by the
magistrate judge.
See Objection at 2-3.
Under Rule 10(c),
parties may incorporate by reference only pleadings or exhibits
to pleadings.
Swanson v. U.S. Forest Serv., 87 F.3d 339, 345
(9th Cir. 1996); see Horsley v. Feldt, 304 F.3d 1125, 1134 (11th
Cir. 2002).
A pleading is a complaint, an answer, or a
court-allowed reply to an answer – not a motion or other paper.
Fed. R. Civ. P. 7.
There is no authority for the DOE’s attempt
to incorporate prior briefing instead of explaining its arguments
in its Objection.
See Roth v. Meridian Fin. Network, Inc., No.
07-00045, 2008 WL 3850478, at *2 (D. Haw. Aug. 19, 2008).
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Nevertheless, the Court has reviewed Defendant’s Memorandum in
Opposition and is not persuaded by the arguments contained
therein for the reasons set forth above.
As a result of the above conclusions, the Court also
declines to consider Defendant’s argument that Mr. Varady should
be barred from clarifying any block-billed entries.
Defendant
argues that Mr. Varady needed to submit clear time records
contemporaneously with his initial attorneys’ fees application.
Def.’s Objection at 11.
Defendant also argues that, in the event
this Court rejects the magistrate judge’s findings and
recommendation, Mr. Varady should not be allowed to amend his
billing entries.
Id at 11-12.
However, because the Court
concludes that the fees awarded by the magistrate judge need not
be reduced, the issue of whether Mr. Varady should be allowed to
amend his billing entries is moot.
Accordingly, the Court adopts the magistrate judge’s
calculation of the lodestar as follows:
Attorney
Reasonable Hours
Reasonable Rate
Lodestar
Carl Varady
255.05
$285
$72,689.25
Paralegal4/
12.5
$85
$1,062.50
4/
Defendant did not contest the magistrate judge’s
determination regarding the paralegal’s fees. See generally,
Def.’s Objection, ECF No. 62.
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The Court also awards Plaintiffs general excise tax
(4.712%) on the fee award for a total amount of $77,226.93 in
attorneys’ fees.
costs of $518.17.
Finally, the Court awards Plaintiffs their
Accordingly, the total award of fees and costs
is $77,745.10.
CONCLUSION
For the foregoing reasons, the Court adopts the
magistrate judge’s Findings and Recommendation that Plaintiffs be
awarded a total of $77,745.10 in attorneys’ fees and costs.
IT IS SO ORDERED.
DATED:
Honolulu, Hawai#i, June 17, 2013.
________________________________
Alan C. Kay
Sr. United States District Judge
Sam K. v. Haw. Dep’t of Educ., Civ. No. 12-00355 ACK-BMK: ORDER ADOPTING THE
MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION RE PLAINTIFFS’ MOTION FOR
ATTORNEYS’ FEES AND COSTS.
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