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S.D.N.Y.Procedural orderFiled June 29, 2021

O. v. New York City Department Of Education

Judge
Paul Crotty
Docket
1:20-cv-05061
Court
U.S. District Court · Southern District of New York
Pages
2
Fee PetitionCivil Procedure
In one sentence

In I.O. v. New York City Department of Education, Judge Crotty awarded plaintiffs $25,838.50 in attorneys’ fees and costs under the Individuals with Disabilities Education Act.

Who this affects

I.O., individually and on behalf of his minor child, G.O., received an award of attorneys’ fees and costs from the New York City Department of Education.

What happened

I.O., individually and for his minor child, G.O., established at trial that they were entitled to reasonable attorneys’ fees and costs under the Individuals with Disabilities Education Act.

The court approved hourly rates of $425 for the attorneys, $150 for the paralegals, and $100 for the law clerk. It awarded $13,546 for work connected to the underlying education hearing and $12,292.50 for the federal fee case.

Judge Paul A. Crotty awarded I.O. and G.O. a total of $25,838.50 in attorneys’ fees and costs.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
O. v. New York City Department Of Education · No. 1:20-cv-05061
Judge
Paul Crotty
Date
June 29, 2021

Background

I.O., individually and on behalf of his minor child, G.O., established at a June 23, 2021 trial that they were prevailing parties under the Individuals with Disabilities Education Act, a federal law governing the education of children with disabilities. The court therefore found them entitled to reasonable attorneys’ fees and costs.

Hourly Rates and Underlying Hearing Fees

The court found these hourly rates reasonable under the Individuals with Disabilities Education Act:

- Attorneys Irina Roller, Benjamin J. Hinerfeld, and Mary Jo Whateley: $425 per hour. - Paralegals Maria Mandilas and Junnisha S. Sterling: $150 per hour. - Law clerk Michele Zaurov: $100 per hour.

For the underlying education hearing, the court approved 27.2 hours for Attorney Roller and 10.4 hours for Paralegal Sterling. It also approved $426 in expenses. The total for the hearing was $13,546.00.

Federal Fee Action

For the federal fee action, the court approved billable hours for Roller Law’s attorneys and staff but reduced the total billed hours by 33% in the interests of justice. The billed fees before that reduction totaled $17,750. After the reduction, the adjusted fees were $11,892.50. The court also awarded $400 for the federal filing fee, making the total for the federal fee action $12,292.50.

Ruling

Judge Paul A. Crotty awarded the plaintiffs $25,838.50 in total attorneys’ fees and costs for the underlying education hearing and the federal fee action.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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