M.M. v. New York City Department Of Education

Background

M.M., acting individually and for B.M., a child with a disability, brought the federal action under the Individuals with Disabilities Education Act (IDEA). The case sought attorneys’ fees and costs after an impartial hearing officer ruled for M.M. in an administrative dispute concerning the Department of Education’s alleged failure to appropriately evaluate B.M. and provide the educational services required for the 2016–17, 2017–18, and 2018–19 school years.

The hearing officer found that the Department had failed to provide B.M. with an appropriate public education and ordered the Department to pay for an independent neuropsychological evaluation, 53 hours of counseling, and 505 hours of academic services. The officer also ordered reimbursement for certain expenses and additional evaluations. The Department did not dispute that M.M. was the prevailing party and was entitled to attorneys’ fees and costs. It disputed the amount requested by M.M.’s attorneys, including their hourly rates, billed hours, and expenses.

Unreasonable Protraction

M.M. argued that the Department had unreasonably prolonged the dispute by failing to respond to requests for an independent evaluation and settlement. The court rejected that argument. It reasoned that the parties entered a partial resolution agreement addressing most requests, and that failing to provide the requested additional relief or respond to settlement demands did not establish unreasonable prolongation under the IDEA.

The court also held that even proof of unreasonable prolongation would not automatically entitle counsel to more than a reasonable fee. The court therefore evaluated the requested rates and hours independently.

Hourly Rates

The court applied the lodestar method, which calculates a fee by multiplying reasonable hours by a reasonable hourly rate. After considering the attorneys’ experience, the relative simplicity of the dispute, the results obtained, and rates awarded in similar cases, the court reduced the requested rates.

The court awarded $420 per hour for Andrew K. Cuddy and Jason Sterne; $300 per hour for Justin Coretti and Kevin Mendillo; $225 per hour for Britton H. Bouchard; $200 per hour for John F. Cuddy; and $125 per hour for all paralegals. The court found that the higher rates requested by M.M.’s firm were not supported by the record and were generally above rates awarded in comparable cases.

Hours and Expenses

The court found that the firm had billed more time than reasonably necessary for both the administrative proceeding and the federal fee action. Rather than review every billing entry individually, it applied a 20% reduction to the hours for the administrative proceeding and a 25% reduction to the hours for the federal action.

The court also reduced or disallowed several expenses. It allowed the $400 filing fee, reduced meal and mileage expenses by 50%, reduced printing charges from 50 cents to 10 cents per page, and allowed specified amounts for parking, postage, and tolls. It disallowed faxing and lodging expenses. For Coretti’s travel, it allowed $150 per hour for up to one hour each way for the two hearing trips.

Disposition

The court granted M.M.’s motion for attorneys’ fees and costs with the modifications to hourly rates, billable hours, and expenses. It calculated $23,714 for the underlying administrative proceeding, $11,799.38 for the federal fee case, and $780.04 in costs, for a combined total of $36,293.42. The Clerk of Court was directed to terminate the motion, enter judgment, and close the case.