REGGIE B. WALTON, United States District Judge.
The plaintiffs brought this suit against the Government of the District of Columbia (the "District") to recover attorneys' fees and costs incurred during administrative proceedings conducted under the Individuals with Disabilities Education Act (the "IDEA"), 20 U.S.C. § 1400 (2012). Amended Complaint for Attorneys' Fees and Costs ("Am. Compl."). Currently before the Court is the Plaintiffs' Motion for Default Judgment ("Pls.' Mot") pursuant to Federal Rule of Civil Procedure 55(b) against the District, and seeking an award of $505,891.86 in attorney's fees and costs under the fee-shifting provision of the IDEA. See 20 U.S.C. § 1415; see also Pls.' Mot. at 1; Memorandum in Support of Plaintiffs' Motion for Partial Dismissal ("Pls.' Mot. for Partial Dismissal") at 2. Upon careful consideration of the plaintiffs' submissions,
"Each [p]laintiff is a parent of a child eligible for special education or of an adult student eligible for special education." Amended Complaint ("Am. Compl.") ¶ 3, ECF No. 3. Between June 19, 2012, and October 16, 2013, the plaintiffs "prevailed in IDEA litigation" brought against the District, and each "receiv[ed] final relief ordered in a Hearing Officer's Determination (`HOD')." Id. ¶¶ 10-11 (internal quotations omitted). On December 19, 2013,
The plaintiffs served their Amended Complaint on "Alex Curtis, who [according to their private process server] is designated by law to accept service of process on behalf of [the] District of Columbia on [December 23, 2013]." Return of Service/Affidavit, ECF Nos. 4, 6. However, the District has failed to answer the Amended Complaint or otherwise file a defense against the plaintiffs' Amended Complaint. Thus, on March 5, 2014, upon the plaintiffs' request, the Clerk of this Court entered a default against the District. Clerk's Entry of Default, ECF No. 10. Thereafter, on April 10, 2014, the plaintiffs filed the motion now before the Court, requesting that the "Court grant them a default judgment in the amount of [$505,891.86]," Pls.' Mot. at 1, as well as "additional fees for time reasonably devoted to obtaining attorney[s'] fees," Pls.' Mem. at 7, and an "order that the District pay an additional $4,000.00 for each delay of a month or part thereof in payment," id. The defendant has not challenged the entry of the default or opposed the plaintiffs' motion for a default judgment. On August 8, 2014, in an abundance of caution, this Court entered an Order requiring that the defendant "show cause in writing on or before September 1, 2014, why the plaintiffs' motion for a default judgment should not be granted." See Order, ECF No. 13, at 3. Inexplicably, the defendant has not responded to the show cause order, and to date has not otherwise challenged the entry of a default judgment.
When a defendant fails to respond or defend against a case or otherwise engages in dilatory tactics, the plaintiff may invoke the Court's power to enter a default judgment by first seeking the entry of a default. See Fed. R. Civ. P. 55(a); Peak v. District of Columbia, 236 F.R.D. 13, 15 (D.D.C.2006) (citing Keegel v. Key West & Caribbean Trading Co., 627 F.2d 372, 375 n. 5 (D.C.Cir.1980)); see also Jackson v. Beech, 636 F.2d 831, 836 (D.C.Cir.1980) ("The default judgment must normally be viewed as available only when the adversary process has been halted because of an essentially unresponsive party." (citation and alteration omitted)). The Federal Rules of Civil Procedure provide for the entry of a default when "a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend...." Fed. R. Civ. P. 55(a). And Rule 55 sets forth a two-step process for a party seeking a default judgment: first, the entry of a default, followed by entry of a default judgment. Fed. R. Civ. P. 55(a), (b); Jackson, 636 F.2d at 835; see also 10A Charles Alan Wright et al., Federal Practice and Procedure § 2682 (3d ed. 2008) (stating that, before "obtaining a default judgment under either Rule 55(b)(1)
Despite the plaintiffs' ability to acquire a judgment by default, there are "strong policies favoring the resolution of genuine disputes on their merits ...." Jackson, 636 F.2d at 835; see Peak, 236 F.R.D. at 15 (noting the inherent unfairness of awarding judgment against a party for mere filing delays). "However, while courts do not favor default judgments and will only resolve cases in this manner when the adversary process has been halted because of an essentially unresponsive party[,] the diligent party must be protected lest [that party will] be faced with interminable delay and continued uncertainty as to [that party's] rights." Teamsters Local 639-Emp'rs Health Trust v. Boiler & Furnace Cleaners, Inc., 571 F.Supp.2d 101, 107 (D.D.C.2008) (first alteration in original) (internal quotation marks omitted) (citations omitted).
The plaintiffs filed their Amended Complaint in this action on December 19, 2013. See Am. Compl., ECF No. 3. Based on the representations of the plaintiffs' private process server, the District was served with the Amended Complaint on December 23, 2013, in compliance with Federal Rule of Civil Procedure 4(j)(2). See Fed. R. Civ. P. 4(j)(2)(A) (outlining how to effect service on a municipal corporation); see e.g., Return Service/Affidavit, ECF Nos. 4, 6 (declaring that the summons was served on "Alex Curtis, who is designated by law to accept service of process on behalf of [the] District of Columbia on [December 23, 2013]; ...."); Affidavit in Support of Default, ECF No. 9. The District has failed to answer the Complaint or the Amended Complaint, otherwise file a defense against the plaintiffs' Amended Complaint, or respond to the motion for a default judgment. On March 5, 2014, upon the plaintiffs' request, the Clerk of this Court entered a default against the defendant. Clerk's Entry of Default, ECF No. 10. Additionally, the District failed to respond to this Court's August 8, 2014 Order to "explain why it has failed to respond or otherwise defend against the plaintiffs' [A]mended [C]omplaint and show cause why the plaintiffs' motion for [a] default judgment should not be granted...." Order, ECF No. 13 at 2. The Court cautioned the District in its Order to show cause that "in the absence of a timely response, [the Court] will grant the plaintiffs' motion for a default judgment...." Id. Where, as here, there is a complete "absence of any request to set aside the default or suggestion by the [District] that it has a meritorious defense, it is clear that the standard for [a] default judgment has been satisfied," a default judgment is appropriate. Int'l Painters, 531 F.Supp.2d at 57 (citation omitted). Therefore, a default judgment will be entered against the District.
Under the IDEA, federal district courts have the authority to "award reasonable attorneys' fees as part of the costs to a prevailing party who is the parent of a child with a disability."
Here, by virtue of the entry of a default judgment, the District is deemed to have "admit[ted] every well-pleaded allegation in the complaint." See Robinson v. Ergo Solutions, LLC, 4 F.Supp.3d 171, 178 (D.D.C.2014). The District has failed to challenge the plaintiffs' allegation that "[e]ach [p]laintiff prevailed in IDEA litigation [and] receiv[ed] final relief ordered in a Hearing Officer's Determination," Am. Compl. ¶ 10, and thus has effectively conceded that the plaintiffs are prevailing parties entitled to attorneys' fees. See Order, ECF No. 13, at 2 (cautioning the District that "if it does not respond to this order by [September 1, 2014], the Court will view this as an `admi[ssion of] every well-pleaded allegation in the [plaintiffs' amended] complaint'") (second and third alterations in original) (citation omitted). Therefore, this Court's analysis is confined to the reasonableness of the plaintiffs' fee requests.
Although the Count concludes by virtue of the default judgment that the plaintiffs are the prevailing parties, the Court must still conduct an independent determination as to "whether the attorney[s'] fees sought are reasonable." Jackson, 696 F.Supp.2d at 101. "Reasonable" attorneys' fees are calculated by multiplying the reasonable number of hours expended by the hourly rate found to be reasonable. See Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). Importantly, the plaintiffs bear the burden of demonstrating that both the hourly rate and the number of hours expended on particular tasks are reasonable. In re North, 59 F.3d 184, 189 (D.C.Cir. 1995). To establish the reasonableness of the hours expended, the plaintiffs "may submit an invoice that is sufficiently detailed to permit [a] District Court to make an independent determination of whether or not the hours claimed are justified." Young v. District of Columbia, 893 F.Supp.2d 125, 130 (D.D.C.2012) (citations and internal quotations omitted). To show the reasonableness of their hourly rates, the plaintiffs "must submit evidence on at least three fronts: the attorney's billing practices, the attorney's skill, experience, and reputation; and the prevailing market rates in the relevant community." Jackson, 696 F.Supp.2d at 101 (citing Covington
The plaintiffs argue that the hours documented are reasonable because, "[a]s specialists in this field, the firm attorneys were able to work efficiently" and adjustments "to eliminate excessive, redundant, or otherwise unnecessary hours" have already been made. Pls.' Mem. at 5. To satisfy their burden of proof as to the reasonableness of the hours expended, the plaintiffs submit a detailed itemization of tasks performed, the hours expended, and the rates that were charged. See generally Pls.' Mot., Exhibit ("Ex.") 1 (Itemized Invoice for Plaintiffs ("Invoice")). Additionally, the plaintiffs have included a verified statement from one of the plaintiffs' attorneys detailing his billing decisions and the steps taken to limit the amount of fees being requested. See generally Pls.' Mot., Ex. 2 (Verified Statement of Kiran Hassan ("Hassan Decl.")). However, while the invoice provided by the plaintiffs constitutes forty-two pages of individual line items as well as a total price accounting for each case,
As already noted, the plaintiffs seek fees for the services provided by two lawyers, to be paid at the following rates: $ 640.00 per hour for Kiran Hassan, an attorney with approximately eleven years of litigation experience during the relevant time period; and $ 567.00 per hour for Juan Fernandez, an attorney with approximately thirteen years of litigation experience during the relevant time period. See Pls.' Mot., Ex. 2 (Hassan Decl.) ¶¶ 11-12. As previously noted, the plaintiffs have submitted a verified statement from their counsel that outlines the firm's billing practices, the attorneys' skill and experience, and the nature of the firm's practice. See generally id. Notably, absent from the plaintiffs' filings is any information concerning the rates their attorneys customarily charge and receive from their other clients. See Nat'l Ass'n of Concerned Veterans v. Sec'y of Def., 675 F.2d 1319, 1325 (D.C.Cir.1982) ("The best evidence
The rates plaintiffs' counsel is requesting are considerably in excess of those rates established by Laffey v. Northwest Airlines, Inc., 572 F.Supp. 354 (D.D.C. 1983), rev'd on other grounds, 746 F.2d 4 (D.C.Cir 1984), and now updated by the United States Attorney's Office for the District of Columbia ("U.S. Attorney's Office Laffey Matrix").
Here, given the plaintiffs' failure to provide any information as to their attorneys' normal billing practices coupled with a near-unanimous rejection of the Adjusted Laffey Matrix rates by other members of this Court for the type of services performed, this Court too finds that the plaintiffs have failed to satisfy their burden of demonstrating that the rates proposed by their attorneys reasonably approximate the rates that are charged in the District of Columbia metropolitan area by lawyers litigating IDEA cases solely at the administrative level. See e.g. McAllister, 21 F.Supp.3d at 107-09 (finding the Adjusted Laffey Matrix rates inappropriate). The Court therefore does not consider the Adjusted Laffey Matrix rates as reflective of the prevailing market rates and instead, in its discretion, uses the U.S. Attorney's Office Laffey Matrix as the highest hourly rate that the plaintiffs' attorneys are entitled to receive in this case.
The Court notes additionally that although the legal work in this case was performed from April 2012 through November 2013, the plaintiffs' attorneys have increased the rates they seek to recover as commensurate with current market rates as opposed to the market rates applicable at the time their services were rendered. See Pls.' Mem. at 6; Pls.' Mot., Ex. 1 (Invoice). The plaintiffs argue that this is appropriate in this case because "[w]hen awarding fees under a federal fee-shifting statute, courts should make `an appropriate adjustment for delay in payment[—]whether by the application of current rather than historic hourly rates or otherwise." Pls.' Mem. at 6 (quoting and citing Missouri v. Jenkins, 491 U.S. 274, 284, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989)). However, the plaintiffs neither provide an explanation as to why current rates are appropriate in this case,
The Court notes also that the undersigned generally rejects an award of the full U.S. Attorney's Office Laffey Matrix rate in non-complex IDEA cases litigated solely at the administrative level,
Accordingly, the plaintiffs shall submit to the Court for its review an updated final invoice with the appropriate fee applicable for each service for which compensation is sought. Because both attorneys had between eleven and nineteen years of experience at the time their legal services were rendered, each attorney's hourly fee shall be the following: $420.00 per hour for all work performed from June 1, 2011 through May 31, 2012; $435.00 per hour for all work performed from June 1, 2012 through May 31, 2013; and $435.00 per hour for all work performed from June 1, 2013 through May 31, 2014. Additionally, the plaintiffs' attorneys shall submit to the Court a separate bill for each case delineating how many hours were individually billed by Mr. Hassan and by Mr. Fernandez, along with an aggregation of the total number of hours performed by each attorney in each case.
"Parties who prevail at the administrative level can also recover fees-on-fees, as [the] general rule [in this Circuit] is that the court may award additional fees for time reasonably devoted to obtaining attorney[s'] fees." Kaseman v. District of Columbia, 444 F.3d 637, 640 (D.C.Cir. 2006) (internal quotations omitted). The Court has already determined that by failing to respond to the plaintiffs' Amended Complaint, the District has conceded that the plaintiffs are prevailing parties, and thus, pursuant to the IDEA they are entitled to the additional fees incurred pursuing this action to recover their attorneys' fees. See Garvin v. Government of the Dist. of Columbia, 910 F.Supp.2d 135, 138-39 (D.D.C.2012) (Walton, J.) ("Nothing in the statutory language of the IDEA fee-shifting provision prohibits `fees on fees' requests"); but see id. at 140-41 (finding fees on fees litigation straightforward and not sufficiently complex to warrant the U.S. Attorney's Office Laffey Matrix rates and instead awarded an hourly rate of one half the maximum applicable Laffey rate). However, their requests should be limited to the rate of compensation this Court found awardable in Garvin. Id.
The plaintiffs argue that "[b]ecause of the District's long history of ignoring
For the foregoing reasons, the Court will grant the plaintiffs' motion for entry of default judgment, grant in part and deny in part the plaintiffs' requested relief, and hold in abeyance the awarding of any fees until the plaintiffs provide the Court with the requisite information.