G. v. New York City Department Of Education

Background

A child with a disability and the child’s parent sued the New York City Department of Education under the Individuals with Disabilities Education Act (IDEA). The plaintiffs initially sought enforcement of administrative findings and an award of fees connected to the administrative proceeding and federal lawsuit. The Department later complied with its obligations, so the plaintiffs withdrew the enforcement claim. The only remaining issue was the plaintiffs’ request for $148,996.05 in attorneys’ fees and costs.

The Department did not dispute that the plaintiffs were eligible for attorneys’ fees under the IDEA’s fee-shifting provision. It argued that the requested amount was not reasonable.

Hourly rates

The court applied the method for calculating a presumptively reasonable fee, which considers reasonable hours and a reasonable hourly rate. It also considered the factors used to evaluate the value and difficulty of legal work, including the time required, the complexity of the issues, counsel’s skill and experience, the results obtained, whether the case was taken on a contingent basis, and whether similar cases had received comparable awards.

The court found the Cuddy Law Firm’s rates reasonable. It emphasized that the administrative proceeding was heavily contested, involved multiple hearing days and five hearings on the merits, required experienced IDEA counsel, was entirely contingent, and produced nearly all of the relief sought. The approved rates were $550 per hour for Andrew Cuddy and Jason Sterne; $450 for Kevin Mendillo; $425 for Justin Coretti; $400 for Benjamin Kopp; $375 for Erin Murray; and $225 for paralegals.

Hours billed

The court found that the hours spent preparing for the administrative and federal proceedings were generally reasonable. It rejected challenges to time spent preparing the hearing request and preparing for the administrative hearings, including because the preparation involved reviewing three years of educational records and because one hearing lasted more than eight hours over four days.

The court made one reduction. Justin Coretti billed 39.2 hours of travel at $212.50 per hour, totaling $8,330. The court reduced that amount by approximately 70%, awarding $2,500 for that travel time. The court awarded $92,157.50 in fees for the administrative action and $41,180 in fees for the federal action.

Costs and interest

The court reduced the requested litigation expenses. Printing was reimbursed at $0.10 per page, resulting in $127.30, and fax costs were eliminated. The court reduced mileage, parking, tolls, and transportation expenses by 70%, awarding $342.05 for mileage, $48.76 for parking, $14.29 for tolls, and $23.18 for transportation. The court also awarded $17.82 for postage and a $402 federal filing fee. The total reimbursable expenses were $975.40.

The court declined to award pre-judgment or post-judgment interest because the plaintiffs had not explained why they were entitled to it.

Disposition

The court granted the plaintiffs’ motion for summary judgment awarding fees, as modified. The total award was $134,312.90: $92,157.50 in administrative fees, $41,180.00 in federal-action fees, and $975.40 in reimbursable expenses. The parties were ordered to settle an order implementing the decision by April 27, 2022, and the Clerk was directed to terminate ECF No. 14.