M. R. v. New York City Department of Education

Background

M.R., individually and on behalf of J.R., a child with a disability, sued the New York City Department of Education under the fee-shifting provision of the Individuals with Disabilities Education Act. M.R. moved for summary judgment seeking $84,884.87 in legal fees and costs connected with the IDEA claims.

The court had referred dispositive motions to Magistrate Judge Netburn. Judge Netburn recommended awarding M.R. $46,407.25 in fees and $760.57 in costs, for a total of $47,167.82. Both M.R. and the Department of Education objected.

Court’s Analysis

The district court reviewed the challenged portions of the recommendation independently. It agreed that the recommended fee award was too high given the relatively uncomplicated nature of the work.

The court generally followed hourly rates previously approved for attorneys at the Cuddy Law Firm, but increased those earlier rates by 5% to account for the passage of time. The court approved the following rates:

- Andrew Cuddy and Nina Aasen: $367.50 per hour - Kevin Mendillo: $210 per hour - Justin Coretti: $183.75 per hour - Benjamin Kopp: $168 per hour - Most of the paralegals: $100 per hour - John Slaski: $125 per hour

The court also reduced the hours billed for the administrative proceedings by an additional 15%, finding that the proceeding was routine, lasted fewer than three hours, involved three witnesses, and included a relatively standard seven-page due-process complaint. The court declined to compensate Aasen for travel time. It otherwise adopted the recommendation’s fee and cost calculations.

The court rejected M.R.’s argument that reducing both hourly rates and billed hours improperly counted the same factors twice. It also rejected arguments based on rates awarded in other cases and did not consider M.R.’s argument for a court-appointed expert because that argument had not been presented to the magistrate judge.

Ruling and Disposition

The court adopted the magistrate judge’s report and recommendation in part and modified it in part. It granted M.R.’s motion for summary judgment in part and awarded $32,169.91 in fees and $760.57 in costs. The Clerk of Court was directed to terminate the motion and close the case.