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

Background

The court had entered an amended judgment awarding Plaintiff $23,977.87 in attorneys’ fees and $760.57 in costs. In calculating that award, the court declined to award fees for travel time between Auburn, New York, and New York City for three in-person hearings. The court had questioned whether a reasonable client would retain an attorney from Auburn or Ithaca if the client had to pay New York City rates and billable travel time for each trip.

Plaintiff appealed. The Second Circuit later remanded the case for further proceedings after a related appeal was resolved. On June 21, 2023, the Second Circuit held in H.C. v. New York City Department of Education that the Cuddy Law Firm should receive one hour of travel time each way for trips from Auburn, New York, to in-person proceedings in New York City.

Motion and Ruling

On June 28, 2023, the parties jointly moved for reconsideration of the decision denying Plaintiff fees for travel time. The court stated that reconsideration may be granted when there has been an intervening change in controlling law.

Judge Valerie Caproni granted the motion for reconsideration in light of the Second Circuit’s recent decision. The court awarded Plaintiff one hour of travel time each way for the three in-person merit hearings. Using the previously established hourly rate of $367.50 for Nina Aasen, the court awarded six additional billable hours totaling $2,205 in fees.

The court directed the Clerk to enter a second amended judgment awarding Plaintiff $26,182.87 in fees and $760.57 in costs. It also ordered the case closed.