Portz v. St. Cloud State University

Background

The plaintiffs were female student-athletes who attended or recently attended St. Cloud State University and participated on its women’s tennis or women’s Nordic skiing teams. They sued St. Cloud State University and Minnesota State Colleges and Universities, alleging violations of Title IX based on unequal athletic participation opportunities, unequal allocation of athletic-related financial assistance, and unequal athletic treatment and benefits. They also asserted a sex-discrimination claim under the Fourteenth Amendment through 42 U.S.C. § 1983, which the court later dismissed.

The court certified the plaintiffs’ putative class in February 2018 and dismissed the claim concerning unequal allocation of athletic-related financial assistance in July 2018. After a seven-day bench trial, the court found that St. Cloud State had not complied with Title IX in its allocation of athletic participation opportunities and treatment and benefits. Judgment was entered for the plaintiffs, and the court stated that reasonable attorney’s fees and costs would be awarded on the claims on which they prevailed.

Legal standard

Under 42 U.S.C. § 1988, a court may award a prevailing plaintiff a reasonable attorney’s fee as part of the costs in a successful Title IX case. Courts generally calculate the fee using a “lodestar”: a reasonable hourly rate multiplied by a reasonable number of hours. The court must exclude hours that were not reasonably spent.

Attorney’s-fee analysis

The court found the requested hourly rates reasonable based on counsel’s experience and the market. St. Cloud State did not challenge those rates. The court then reviewed the university’s objections to the hours billed.

The court reduced fees connected to an October 2016 mediation by 50%, or $4,986.79, because the named plaintiffs did not attend in person even though the university reasonably expected them to attend. The court rejected proposed reductions based on the parties’ failure to settle at later conferences, finding no reason to believe the plaintiffs acted in bad faith. It also rejected a proposed reduction for the plaintiffs’ delayed response to a proposed stipulation of uncontested facts.

The court declined to exclude fees and costs for site visits because the plaintiffs were accompanied by people authorized to access the facilities. The court deferred ruling on fees related to the plaintiffs’ contempt motion, estimated at $17,731.95, because briefing had only recently been completed and the court had not yet heard argument. The court stated that it might award some or all of those fees if the plaintiffs succeeded on that motion, but would decline to award them if the plaintiffs were unsuccessful.

The court denied fees for multiple attorneys attending events that one attorney could have handled, disallowing $10,522.08. It also denied $2,548.20 for an unopposed motion in limine that the plaintiffs could have avoided by meeting and conferring as required by a local rule. The court disallowed $1,254.00 for premature preparation of the fee request.

The court also considered fees for Kristin Galles, a Title IX specialist who acted as advisory counsel but did not enter an appearance, sign papers, argue motions, or appear to have practiced in Minnesota. Applying a framework for compensating advisory counsel, the court concluded that Galles was acting as counsel or a legal consultant rather than as an expert. Because her work was advisory and filtered through lead counsel, the court found her fees compensable under § 1988.

After the adjustments, including adding Galles’s fees and deferring the contempt-related fees, the court awarded $1,154,778.98 in attorney’s fees.

Costs analysis

The plaintiffs requested $78,111.39 in expert-witness fees. The court held that § 1988 allows expert fees only in actions enforcing sections 1981 or 1981a, not in a Title IX case, and reduced the cost award by that amount.

The court reduced legal-research costs by 50%, because the records did not identify the type of research or the claim to which it related and some claims had been dismissed before trial. It also denied $179.30 for travel to Fergus Falls for a summary-judgment motion on which the plaintiffs did not prevail. Finally, it reduced mediation costs by 50%, or $450.00, because the plaintiffs themselves did not attend the October 2016 mediation.

Disposition

Chief Judge John R. Tunheim granted in part and denied in part the plaintiffs’ motion for attorney’s fees. The court awarded $1,154,778.98 in attorney’s fees and $16,663.92 in non-taxable costs, totaling $1,171,442.90, and ordered judgment to be entered accordingly.