RICHARD W. ROBERTS, District Judge.
The plaintiffs, parents of twelve students who successfully brought separate administrative proceedings under the Individuals with Disabilities in Education Act and the Individuals with Disabilities in Education Improvement Act (collectively, "IDEA"), 20 U.S.C. § 1400 et seq., bring this action against the District of Columbia (the "District") for attorneys' fees incurred in those proceedings. Plaintiffs move for summary judgment seeking compensation for counsel using the hourly rates reflected in the Laffey matrix. The District cross-moves for summary judgment contending that fees should be limited to the lower hourly rates provided in the District of Columbia Public Schools ("DCPS") fee guidelines. Magistrate Judge Alan Kay recommended in a report to which plaintiffs object that the appropriate hourly rate for the attorneys should be three-quarters of the Laffey rates. Because the plaintiffs have not adequately substantiated their request for the full Laffey hourly rates for each plaintiff with the exception of C.G. and D.G., the magistrate judge's report and recommendation will be adopted in part and the parties' cross-motions for summary judgment
The administrative proceedings for which the plaintiffs seek attorneys' fees occurred in 2009 and 2010. Pls.' Mot. for Summ. J. ("Pls.' Mot"), Pls.' Statement of Material Facts That Are Not in Dispute ("Pls.' Statement") ¶¶ 7-8, 11-13, 15-19, 22-24, 25, 28-29, 31-32, 38-39, 41, 43, 49, 51. The District does not dispute that the plaintiffs are entitled to recover attorneys' fees for the proceedings. Def.'s Resp. to Pls.' Statement of Material Facts That Are Not in Dispute ("Def.'s Resp.") ¶¶ 10, 12, 15, 17, 19, 24, 27, 30, 33, 39-40, 44, 52. Domiento Hill served as counsel to J.G., N.F., X.W., K.J. and B.M., Pls.' Statement ¶ 4, Zachary Nahass served as counsel to M.A., S.R. (with assistance from James Brown), R.W. and M.W., id. ¶ 20, Miguel Hull and Roxanne Neloms served as counsel to M.O. and C.G., id. ¶ 34; Pls.' Mot., Mem. of P. & A. Submitted in Supp. of Pls.' Mot. for Summ. J. ("Pls.' Mem.") at 27-29, and Pamela Halpern served as counsel to D.G. with assistance from Nahass and Brown, Pls.' Statement ¶ 45.
Plaintiffs seek an award of attorneys' fees at the rates prescribed in the Laffey matrix.
The District claims that the Laffey matrix is inappropriate because it was created to provide "hourly rates for complex federal litigation in the District of Columbia." Def.'s Opp'n at 4 n. 1 (emphasis original). The District argues that the plaintiffs failed to offer any reasonable basis for awarding attorneys' fees according to the full Laffey rates and describes the administrative proceedings underlying this litigation as "relatively simple" as compared to other IDEA cases. Id. at 4-5. The District further argues that the DCPS Guidelines for the Payment of Attorney Fees in IDEA Matters ("DCPS Guidelines") should govern the award in this case, that the plaintiffs have already been reimbursed according to those guidelines and that the plaintiffs are not entitled to any additional attorneys' fees. Id. at 2, 10.
Plaintiffs Molly Gardill and student J.G. filed a due process complaint on September 30, 2009 claiming that DCPS had denied the student a free and appropriate public education ("FAPE"). They prevailed in an administrative hearing held on December 4, 2009, December 17, 2009, and January 5, 2010. Pls.' Mot., Ex. 2, Hearing Officer Determination at 1-4, 11-13. The hearing record included thirty-nine exhibits from the plaintiffs, two exhibits from DCPS and the testimony of three witnesses. Id. at 3 & n. 4, 4. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $4,016.10. Pls.' Statement ¶ 56. DCPS paid $2,738.25. Id.
Plaintiffs Quenitra Fenwick and student N.F. filed a due process complaint on December 18, 2009. Pls.' Mot., Ex. 5, Order at 1. Instead of having a due process hearing, though, the parties agreed on January 19, 2010 to have an individualized education program meeting to review evaluations conducted on November 30, 2009. Id. at 1-2. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $8,774.70. Pls.' Statement ¶ 59. DCPS paid $5,982.75. Id.
Plaintiffs Geraldine Proctor and student X.W. filed a due process complaint on November 12, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 13, 2010. Pls.' Mot, Ex. 8, Hearing Officer's Decision at 2, 6. The hearing record included nineteen exhibits from the plaintiffs, eight exhibits from DCPS and
Plaintiffs Laytersa Jones and student K.J. filed a due process complaint on November 23, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 22, 2010. Pls.' Mot, Ex. 11, Hearing Officer Decision at 2-3, 15. The hearing record included sixteen exhibits from the plaintiffs, seven exhibits from the District and the testimony of four witnesses. Id. at 3. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $17,160.00. Pls.' Statement ¶ 65. DCPS paid $11,700.00. Id.
Plaintiffs Rhonda Moore and student B.M. filed a due process complaint on November 24, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 28, 2010. Pls.' Mot, Ex. 14, Hearing Officer's Determination at 1-2, 9. The hearing record included sixteen exhibits from the plaintiffs, eight exhibits from the District and the testimony of at least two
Plaintiffs Tiesha Cary and student M.A. filed a due process complaint on October 26, 2009, filed an amended due process complaint in December 2009
Plaintiffs Janice Roberts and student S.R. filed a due process complaint on November 13, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 5, 2010. Pls.' Mot, Ex. 20, Hearing Officer's Determination at 2, 9-10. The hearing record included twelve exhibits from the plaintiffs and twenty-three exhibits from the District. Id. at 2. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $10,089.00 for the services of Nahass and $348.75 for the services of Brown. Pls.' Statement ¶ 76. DCPS paid $6,053.40 for Nahass and $225.00 for Brown. Id.
Plaintiffs Jean Moses and student R.W. filed a due process complaint on November 13, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on December 16, 2009 and January 7, 2010. Pls.' Mot, Ex. 23, Hearing Officer's Determination at
Plaintiffs Loletta Rhyne and student M.W. filed a due process complaint on November 24, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 28, 2010. Pls.' Mot, Ex. 26, Hearing Officer's Decision at 2, 8-12. The hearing record included eighteen exhibits from the plaintiffs, four exhibits from the District and the testimony of five witnesses. Id. at 2. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $994.50. Pls.' Statement ¶ 82. DCPS paid $596.70. Id.
Plaintiffs Andrea Mathis and student M.O. filed a due process complaint against the District on August 11, 2009 alleging that DCPS had denied the student a FAPE suitable to the student's special education needs. Pls.' Mot., Ex. 29, Closing Order at 2. Before the hearing, the plaintiffs reached a settlement of their IDEA claim against the District. Id. The plaintiffs submitted a petition for attorneys' fees and costs in the amount of $8,318.70 for Hull and $768.90 for Neloms to DCPS. Pls.' Statement ¶ 86. DCPS paid $4,799.25 for Hull and $524.25 for Neloms. Id.
Plaintiffs Clara Jarquin and student C.G. filed a due process complaint on October 15, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 20 and 21, 2010. Pls.' Mot, Ex. 32, Hearing Officer's Determination at 4, 22-23. The hearing record included fifty exhibits from the plaintiffs, twenty-eight exhibits from the District and the testimony of eight witnesses. Id. at 5. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $30,911.40 for Hull and $1,237.50 for Neloms. Pls.' Statement ¶ 89. DCPS paid $17,833.50 for Hull and $843.75 for Neloms. Id.
Plaintiffs Rosienia Garmany and student D.G. filed a due process complaint on November 24, 2009 claiming that DCPS had denied the student a FAPE. They prevailed in an administrative hearing held on January 8 and 15, 2010. Pls.' Mot, Ex. 35, Hearing Officer Determination at 2-3, 20-21. The hearing record included sixty-six exhibits from the plaintiffs, twenty exhibits from the District and the testimony of seven witnesses. Id. at 3-4. The plaintiffs submitted to DCPS a petition for attorneys' fees and costs in the amount of $28,055.25 for Halpern, $1,548.45 for Brown and $1,012.50 for Nahass. Pls.' Statement ¶ 93. DCPS paid $16,833.15 for Halpern, $999.00 for Brown and $607.50 for Nahass. Id.
Parties may file objections to a magistrate judge's report and recommendation and the district judge must "make a de novo determination of those portions of a magistrate judge's findings and recommendations to which objection is made[.]" LCvR 72.3(b)-(c). Here, the plaintiffs have objected to Magistrate Judge Kay's recommended measure of attorneys' fees in this IDEA dispute. This objection requires a de novo review of whether three-quarters of the Laffey rate is an appropriate measure of attorneys' fees in the underlying IDEA cases.
"Determining an appropriate hourly rate requires evidence of an attorney's billing practices, skill, experience, and reputation, along with evidence of the hourly rates prevailing in the attorney's community." Parks v. District of Columbia, 895 F.Supp.2d 124, 129 (D.D.C.2012) (citing Jackson v. District of Columbia, 696 F.Supp.2d 97, 101 (D.D.C.2010)). "In addition, detailed invoices that show how much time was spent on specific tasks suffice to enable courts to independently determine the reasonableness of hours claimed." Id.
"Courts in this district routinely refer to the Laffey Matrix to determine the reasonableness of requested attorney's fees in IDEA actions." B.R. ex rel. Rempson v. District of Columbia, 802 F.Supp.2d 153, 164 (D.D.C.2011). Some courts find that the Laffey rate is presumptively reasonable. See, e.g., Rempson, 802 F.Supp.2d at 163 (stating that "attorney's fees in IDEA actions in the District of Columbia are reasonable if they conform to the Laffey Matrix created by the United States Attorneys' Office"); Rapu, 793 F.Supp.2d at 424 (stating that "the Court will use the Laffey Matrix as the benchmark for prevailing market rates in this [IDEA] case"). Other courts treat the Laffey matrix as providing "the highest rates that will be presumed to be reasonable when a court reviews a petition for statutory attorneys' fees." Rooths, 802 F.Supp.2d at 61 (emphasis added). These courts impose lower rates where "the defendant shows that the proceedings for which compensation is sought were straightforward or otherwise not demanding of counsel's skills and experience." Parks, 895 F.Supp.2d at 130 (citing Rooths, 802 F.Supp.2d at 61); see also Agapito v. District of Columbia, 525 F.Supp.2d 150, 152 (D.D.C.2007) (finding that the IDEA case before it was not complicated because "[t]here were no pre-hearing interrogatories or discovery, no production of documents or depositions, no psychiatrists or psychologists testifying about learning disabilities, no briefings of intricate statutory or constitutional issues, no pre-trial briefings, no lengthy hearings, no protracted arguments, and few, if any, motions filed").
Here, the plaintiffs request the full Laffey hourly rates of compensation for the attorneys' work in the underlying IDEA cases. Based on the attorneys' experience, the Laffey matrix would set these rates as $465 per hour for Brown, $330 per hour for Hill, Hull, and Neloms, and $225 per hour for Nahass and Halpern. See Pls.' Mot., Ex. 46, Laffey matrix. The plaintiffs' objections claim that the magistrate judge "ignore[d] ... substantial case law" which supports the use of Laffey rates in IDEA litigation and that "IDEA litigation is sufficiently complex to justify awarding attorneys' fees at Laffey Matrix rates." Pls.' Objections at 2. However, Magistrate Judge Kay did not decide that the full Laffey rates could never apply to IDEA litigation; the Report and Recommendation found only that the IDEA matters in this case did not justify the full Laffey rates because they were not sufficiently complex, they presented no novel legal issues, and they involved routine numbers of exhibits and witnesses. See Report and Recommendation at 15-16. In fact, "IDEA proceedings are highly fact-intensive and often intricate and may in appropriate circumstances warrant fees equal to or near the Laffey rate." Parks, 895 F.Supp.2d, at 131. But some IDEA hearings which do not pose novel issues or other complexities and include a standard number of exhibits and witnesses may not justify the full Laffey rates. See McClam v. District of Columbia, 808 F.Supp.2d 184, 190 (D.D.C.2011).
Plaintiffs have not carried their burden of showing their entitlement to full Laffey rates for most of the cases. With the exception of the matters involving C.G. and D.G., the plaintiffs have not demonstrated that the proceedings and settlement talks here were of any more than only modest difficulty. These proceedings were limited in length and the plaintiffs have neither argued nor provided evidence that the underlying IDEA litigation presented any novel legal issues or difficult complexities. For these straightforward and uncomplicated IDEA proceedings, awarding attorneys' fees based on three-quarters of the Laffey rate for each attorney is reasonable. However, the plaintiffs have shown that the C.G. and D.G. cases were sufficiently complex to justify full Laffey rates. Each of these cases included representation by at least two attorneys, administrative hearings which stretched over two days and involved over 75 admitted exhibits and the testimony of at least seven witnesses. Compare Young v. District
With the exception of the C.G. and D.G. cases, the plaintiffs have not demonstrated their entitlement to attorneys' fees paid at the full Laffey hourly rates. Instead, payment at three-quarters of the Laffey rates is appropriate under the circumstances of these IDEA cases. With regard to C.G. and D.G., the full Laffey rates are appropriate in light of the complexity of the IDEA litigation. Therefore, the magistrate judge's report and recommendation will be adopted in part and the plaintiffs' and defendant's cross-motions for summary judgment will be granted in part and denied in part. An appropriate Order accompanies this memorandum opinion.
Parks v. District of Columbia, Civil Action No. 10-1460(RWR), 895 F.Supp.2d, at 129 (D.D.C.2012).