Marisol A. ex rel. Forbes v. Giuliani

• Decision Date: 30 August 2000
• Docket Number: No. 95 CIV. 10533(RJW).,95 CIV. 10533(RJW).
• Parties: MARISOL A., by her next friend, Rev. Dr. James Alexander FORBES, Jr., et al., Plaintiffs, v. Rudolph W. GIULIANI, Mayor of the City of New York, et al., Defendants.
• Court: U.S. District Court — Southern District of New York

111 F.Supp.2d 381

MARISOL A., by her next friend, Rev. Dr. James Alexander FORBES, Jr., et al., Plaintiffs, v. Rudolph W. GIULIANI, Mayor of the City of New York, et al., Defendants.

No. 95 CIV. 10533(RJW).

United States District Court, S.D. New York.

August 30, 2000.

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Children's Rights, Inc., New York City (Marcia Robinson Lowry, Susan Lambiase, Kim E. Murdock, Jeffrey K. Powell, of Counsel), Lawyers for Children, New York City (Karen J. Freedman, of Counsel), Schulte Roth & Zabel LLP, New York City (Daniel J. Kramer, Jess A. Velona, of Counsel), for Plaintiffs.

Michael D. Hess, Corporation Counsel of the City of New York, New York City (Gail Rubin, Grace Goodman, John Woods, of Counsel) for Defendants.

OPINION

WARD, District Judge.

Plaintiffs, who were represented by Children's Rights, Inc. ("CRI"), Schulte, Roth and Zabel, LLP ("Schulte"), and Lawyers for Children, Inc. ("LCI"), move for attorneys' fees and expenses pursuant to 42 U.S.C. § 1988. They initially sought $9,359,569.39 in fees and out-of-pocket expenses, but later reduced their request to $7,997,313.67. For the reasons hereinafter stated, the Court awards plaintiffs $5,835,116.78 in attorneys' fees and expenses.

BACKGROUND

The Court assumes familiarity with the underlying facts of this case, which are more fully reported in Marisol A. v. Giuliani, 929 F.Supp. 662 (S.D.N.Y.1996) (denying motion to dismiss and certifying class) ("Marisol I"), aff'd, 126 F.3d 372 (2d Cir.1997), and Marisol A. v. Giuliani, 185 F.R.D. 152 (S.D.N.Y.1999) (approving settlement agreements) ("Marisol II"), aff'd sub nom., Joel A. v. Giuliani, 218 F.3d 132 (2d Cir.2000). Nevertheless, the Court will provide a brief overview of the facts which are relevant to the instant motion.

Plaintiffs filed a complaint in this Court on December 13, 1995, alleging systemic deficiencies in the administration of the New York City child welfare system. The complaint sought declaratory and injunctive relief against various officials of the City of New York (the "City defendants" or "defendants") and various officials of the State of New York who were responsible for the operation or oversight of New York's child welfare system.¹

At the same time they filed their complaint, plaintiffs moved for class certification seeking to represent a class consisting of all children who were in or would be in the custody of the City's child welfare system, who were or would be at the risk of abuse or neglect, and whose status was known to the responsible City agency. Defendants moved to dismiss the complaint and opposed the motion for class certification. The Court denied defendants' motion to dismiss and granted plaintiffs' motion for class certification in an opinion dated June 18, 1996. See generally Marisol I, 929 F.Supp. 662.

On the eve of trial, which was to commence on July 27, 1998, the parties informed the Court that they were engaged in settlement negotiations. The trial was adjourned and on December 2, 1998, after four months of negotiations, two Settlement Agreements were filed with the Court. One Settlement Agreement was between plaintiffs and the City defendants and the other was between plaintiffs and the State. The Court approved the Settlement Agreements on March 31, 1999. See generally Marisol II, 185 F.R.D. 152.

The Settlement Agreement between plaintiffs and the City defendants established an Advisory Panel of experts in the child welfare field. Id. at 157. The Administration for Children's Services ("ACS") agreed to cooperate with the Advisory Panel and to provide the Panel with full access to information, documents, and personnel. Id. at 158. The Advisory Panel is required to produce reports to determine whether ACS is acting in good faith in making efforts toward reform in certain areas. Id. If the Advisory Panel determines that ACS is not acting in good faith, plaintiffs may seek judicial relief. Id. The City Settlement Agreement, which expires on December 15, 2000, contains certain limitations on the filing of lawsuits through covenants not to sue and release provisions. Id. at 158-59.

Plaintiffs filed the instant motion while an appeal of the Court's approval of the Settlement Agreements was pending. The Court delayed ruling on the motion until the appeal was decided. The Court's decision was affirmed on July 10, 2000.

DISCUSSION

In federal civil rights actions, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." 42 U.S.C. § 1988(b). The parties agree that plaintiffs are prevailing parties for purposes of § 1988. Therefore, the only issue remaining is determining an award of reasonable attorney's fees.

I. Calculating Fees With the "Lodestar" Method

"The most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate." Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). The result of this calculation, the so-called "lodestar" figure, is presumed to be the reasonable fee. See LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 764 (2d Cir.1998) (citations omitted). Plaintiffs have the burden of submitting evidence supporting the hours worked and rates claimed. Hensley, 461 U.S. at 433, 103 S.Ct. 1933. If the documentation is inadequate, for example, if it reflects excessive or redundant time, the court may reduce the award accordingly. Id. at 433-34, 103 S.Ct. 1933.

The Court will first determine plaintiffs' attorneys' reasonable hourly rates. It will then decide how many hours were reasonably expended on the litigation and consider whether any reduction in the lodestar amount is warranted.

A. Calculating the Reasonable Hourly Rate

In determining the reasonable hourly rate to be applied, the Court should look to market rates "`prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.'" Gierlinger v. Gleason, 160 F.3d 858, 882 (2d Cir.1998) (quoting Blum v. Stenson, 465 U.S. 886, 896 n. 11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984)). The relevant community to which the court should look is the district in which the case was brought. See In re Agent Orange Prod. Liab. Litig., 818 F.2d 226, 232 (2d Cir.1987). The rates used by the Court should be "`current rather than historic hourly rates.'" Gierlinger, 160 F.3d at 882 (quoting Missouri v. Jenkins, 491 U.S. 274, 284, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989)).

Furthermore, non-profit civil rights attorneys should receive a "`fully compensatory fee,'" Jenkins, 491 U.S. at 286, 109 S.Ct. 2463 (quoting Hensley, 461 U.S. at 435, 103 S.Ct. 1933), "comparable to what `is traditional with attorneys compensated by a fee-paying client.'" Id. (quoting S.Rep. No. 94-1011, p. 6 (1976), U.S.Code Cong. & Admin. News 1976, pp. 5908, 5913); see also Blum, 465 U.S. at 895, 104 S.Ct. 1541 ("The statute and legislative history establish that `reasonable fees' under § 1988 are to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel.").

Plaintiffs are also entitled to seek fees for paralegal services. See Jenkins, 491 U.S. at 286-87, 109 S.Ct. 2463; United States Football League v. National Football League, 887 F.2d 408, 415-16 (2d Cir. 1989), cert. denied, 493 U.S. 1071, 110 S.Ct. 1116, 107 L.Ed.2d 1022 (1990). Like the work performed by attorneys, the work performed by paralegals is billed by using the prevailing hourly rate for paralegal services in the community. United States Football League, 887 F.2d at 416.

After researching recent fee awards in civil rights cases, the Court finds that a reasonable rate scale is as follows: $350 for attorneys with more than fifteen years of experience, $300 for attorneys with ten to fifteen years of experience, $230-250 for attorneys with seven to nine years of experience, $180-200 for attorneys with four to six years of experience, and $130-150 for attorneys with one to three years of experience. See, e.g., Robinson v. Instructional Sys., Inc., 105 F.Supp.2d 283, 286-87 (S.D.N.Y.2000) ($250 for attorney with fifteen years of experience and $175 for attorney with four to five years of experience in Title VII case); Pascuiti v. New York Yankees, 108 F.Supp.2d 258, 266 (S.D.N.Y.2000) ($250 for attorneys at small firm with twenty-nine and twenty-eight years of experience); National Helicopter Corp. of America v. City of New York, 96 Civ. 3574, 1999 WL 562031, at *6 (S.D.N.Y. July 30, 1999) ($300 for partners and $140 for associates is reasonable for attorneys at large law firm); Ward v. New York City Transit Auth., 97 Civ. 8550, 1999 WL 446025, at *10 (S.D.N.Y. June 28, 1999) ($300 for experienced civil rights litigator, $175, $150, and $125 for associates with varying levels of experience); Skold v. American Int'l Group, Inc., 96 Civ. 7137, 1999 WL 405539, at *7 (S.D.N.Y. June 18, 1999) ($400 for experienced civil rights litigator who provided overall direction and strategy, $275 for attorney who served as lead counsel, $225 for attorney who served as co-lead counsel, and $175 for associate), aff'd, 205 F.3d 1324 (2d Cir.2000); Perry v. S.Z. Restaurant Corp., 95 Civ. 5424, 1999 WL 370648, at *1 (S.D.N.Y. June 8, 1999) ($275-300 for senior partner, $250 for senior associate, $195-225 for junior associate); Rodriguez v. McLoughlin, 84 F.Supp.2d 417, 421-23 (S.D.N.Y.1999) ($425 for senior partner at large firm who was an experienced civil rights lawyer, $240 for attorney at large firm with four years of experience, and $175 for attorney at large firm with two years of experience); TM Park Ave. Assocs. v. Pataki, 44 F.Supp.2d 158, 166-68 (N.D.N.Y.1999) (applying Southern District rates and awarding $275 to senior partners at large firms, $200 for senior...