S.S. v. New York City Department of Education
- Garnett
- 1:23-cv-08913
- U.S. District Court · Southern District of New York
- 13
In S.S.(1) v. New York City Department of Education, Judge Garnett upheld $36,433.40 in IDEA fees and costs after rejecting Plaintiffs’ objections.
S.S.(1) and S.S.(2) received a judgment for $36,433.40 in attorney fees and costs, plus post-judgment interest; the New York City Department of Education is the defendant required to pay the judgment.
What happened
S.S.(1) v. New York City Department of Education concerned a request for attorney fees and costs after Plaintiffs won an education proceeding involving S.S.(2), a minor child. The earlier proceeding found that S.S.(2) had been denied a free and appropriate public education under the Individuals with Disabilities Education Act.
Plaintiffs objected to a recommendation that reduced their lawyers’ hourly rates and cut their billed hours by 20 percent. They argued that the rates and hours were reasonable and compared their case to other special-education cases. The Department of Education opposed those objections.
Judge Margaret M. Garnett rejected Plaintiffs’ objections, adopted the recommendation in full, and entered judgment for Plaintiffs for $36,433.40 in fees and costs, plus post-judgment interest. The court then closed the case.
The detailed version
- S.S. v. New York City Department of Education · No. 1:23-cv-08913
- Garnett
- Mar. 6, 2025
Background
Plaintiffs brought this action under the fee-shifting provisions of the Individuals with Disabilities Education Act (IDEA), seeking attorney fees and costs after prevailing in an administrative education proceeding concerning S.S.(2), a minor child. In that proceeding, an impartial hearing officer found that S.S.(2) had been denied a free and appropriate public education and ruled in Plaintiffs’ favor. The opinion states that Plaintiffs were the prevailing party.
Plaintiffs then sought reimbursement for work performed in the administrative proceeding and in the federal fee case. The Department of Education made a $20,800 settlement offer, which Plaintiffs rejected. Plaintiffs moved for fees. Magistrate Judge Jennifer E. Willis recommended awarding a reduced amount of $36,433.40, plus post-judgment interest. Plaintiffs objected to the recommended hourly rates and to a 20 percent reduction in the hours billed for both proceedings.
Hourly Rates
The court upheld the recommended rates: $410 per hour for Andrew and Michael Cuddy, $300 for Francesca Antorino, $200 for Benjamin Kopp, and $125 for all paralegal work.
The court reasoned that the earlier cases cited by Plaintiffs involved materially different circumstances, including more heavily contested administrative proceedings. Here, the administrative proceeding involved one hearing, and the Department of Education did not present its own case. The court also found that the approved rates were consistent with prevailing rates in similar IDEA cases in the district.
For Benjamin Kopp, the court found that the $200 rate reflected the limited and uncomplicated work described in the billing records. For the paralegals, the court noted that Plaintiffs conceded that $125 was within the prevailing market range and had not shown that a higher rate was required.
Hours Billed
The court also upheld a 20 percent reduction in the hours billed for both the administrative proceeding and the federal action. It found that Plaintiffs had not adequately explained an 18-to-1 preparation-to-hearing ratio or why 12.7 hours were needed to prepare a 21-page closing brief after the Department of Education did not present a case. The court stated that preparing for a contested hearing and filing a closing brief could be reasonable, but Plaintiffs had not justified the amount of time spent.
Ruling and Disposition
Judge Margaret M. Garnett overruled Plaintiffs’ objections and adopted the Report and Recommendation in full. The Clerk was directed to enter judgment for Plaintiffs in the amount of $36,433.40, consisting of $23,208.80 in attorney fees for the administrative proceeding, $12,638.00 in attorney fees for the federal action, and $586.60 in costs, plus post-judgment interest. The court directed that the case be closed.
Read the full 13-page opinion on CourtListener, the free public archive maintained by the Free Law Project.