ROYCE C. LAMBERTH, District Judge.
In March 2000, Keith Allen sued the District of Columbia for violating the Individuals with Disabilities Education Act, 20 U.S.C. § 1400-1487. In 2001, the Court granted his motions for summary judgment and for attorneys fees. Since then, both sides—now joined by plaintiffs in ten other consolidated cases—have impelled an eighteen-year skirmish over the fee amount and payment. Today, they duel themselves to a draw.
Pending before the Court are (hopefully) the final four motions in the case: plaintiffs' motion [118] for fees-on-fees; plaintiffs' motion [121] to alter the Court's June 2017 order directing D.C. to pay $18,609.06 in post judgment interest; D.C.'s motion [122] to alter the same order; and plaintiff's motion [141] to compel compliance with the Court's August 2015 order directing D.C. to pay plaintiffs $4000 for each action in the consolidated cases.
In their initial motion, which incorporates previous filings in two of the consolidated cases, plaintiffs sought fees for the 904.81 hours their counsel spent litigating their prevailing fee claims (519 for lead counsel and 385.81 for his associate), paid according to the USAO matrix, as well as $1559.50 in costs.
D.C. responded with detailed objections to 55.8 hours by lead counsel, 205.4 hours by his associate (objecting mainly to what it considered vague or inadequately documented entries), and $1054.80 in PACER costs (classifying them as unrecoverable "administrative overhead" and the result of plaintiff's failure to maintain diligent records). D.C. also argued that because plaintiffs did not present specific evidence justifying payment at the full USAO rates, the Court should award only 75% of the rates, and that the associate counsel should be compensated as a paralegal for work `done prior to his admission to the D.C. Bar.
In their reply, plaintiffs yielded to all but 11.1 hours of D.C.'s objections to their lead counsel's hours
D.C. sought leave to file a sur-reply, even though their only new argument was a broadside challenge to the associate's new timesheets as improperly reconstructed; D.C. did not object to any timesheet entry.
So after all the briefing, the dispute before the Court has narrowed to:
• for plaintiffs' lead counsel, either 474.3 hours (according to plaintiffs) or 463.2 hours (according to D.C.) at $602 hourly
• for plaintiffs' associate counsel, 248.58
• for costs, either $1559.50 (plaintiffs original, mistaken request); $1625 (plaintiff's subsequent, corrected request); or $504.70 (plaintiff's original request less PACER costs).
• $278,846.40 comes from their lead counsel's 463.2 hours of work at $602 hourly.
• $44,926.68 comes from their associate counsel's 248.58 hours of work at the rates corresponding to his experience as the case progressed.
• $504.70 reimburses costs, starting with plaintiffs' original request (their counsel should have checked his math before filing the original motion) and subtracting $1054.80 in PACER costs, which plaintiffs could have avoided—or at least substantially reduced—with more diligent recordkeeping.
The Court declines D.C.'s request to pay plaintiffs' counsel at 75% of the USAO Matrix rates: earlier in this litigation, the Court awarded plaintiffs' counsel fees under the full Laffey Matrix rates (the USAO Matrix's predecessor), see, e.g., 6/4/01 Op. at 8-10, ECF No. 29, and in other cases this Court has noted the Matrix provides "the benchmark for reasonable fees in this Court." E.g., Miller v. Holzmann, 575 F.Supp.2d 2, 18 n.29 (D.D.C. 2008) (internal quotation marks omitted) (quoting Pleasants v. Ridge, 424 F.Supp.2d 67, 71 n.2 (D.D.C. 2006)), amended & vacated in part on other grounds, United States ex rel. Miller v. Bill Harbert Int'l Constr., Inc., 786 F.Supp.2d 110 (D.D.C. 2011).
But for all that, plaintiffs never explain why they waited so long to check their records in storage. Plaintiffs produced these check stubs two years after Judge Harvey ordered them to produce "all data relied on to determine the amount that has already been paid." 8/28/15 Order at 2. Since that order, Judge Harvey and his staff spent untold hours poring over the records produced by plaintiffs. Judge Harvey released his report, both parties filed objections, this Court issued its order, and both parties fully briefed separate motions to alter. Only now do plaintiffs spring these check stubs on D.C.' and on the Court, even though they have been in plaintiffs' possession all along. This Court declines to reward their counsel's lack of diligence. The Court Will not reopen the final calculation based on what plaintiffs' counsel calls "newly discovered" evidence that was in their possession and control and simply was not timely produced.
To review: The Court grants plaintiffs' motion [118] for fees-on-fees and orders D.C. to pay plaintiffs $324,277.78. The Court also denies plaintiffs' motion [121] to alter, denies defendant's motion [122] to alter, and denies plaintiffs' motion [141] to compel. A separate order will issue on this date.