Sykes v. Dist. of Columbia

• Decision Date: 18 June 2012
• Docket Number: Civil Action No. 11–173 (AK).
• Parties: Evelyn SYKES, Plaintiff, v. DISTRICT OF COLUMBIA, Defendant.
• Court: U.S. District Court — District of Columbia

870 F.Supp.2d 86

Evelyn SYKES, Plaintiff,

v.DISTRICT OF COLUMBIA, Defendant.

Civil Action No. 11–173 (AK).

United States District Court, District of Columbia.

June 18, 2012.

Douglas Tyrka, Tyrka & Associates, LLC, McLean, VA, for Plaintiff.

Laura George, District of Columbia Office of Attorney General, Washington, DC, for Defendant.

MEMORANDUM OPINION

ALAN KAY, United States Magistrate Judge.

This matter is pending before this Court on Plaintiffs' Motion for [summary judgment on the issue of] Fees and Costs (“Fee Motion”) and Memorandum in support thereof (“Memorandum”) [10]; Defendant's opposition to the Motion (“Opposition”) [11]; and Plaintiff's reply to the Opposition (“Reply”) [12]. ¹ Plaintiff Evelyn Sykes (“Plaintiff”) has requested $4,444.75 in legal fees and costs. Defendant District of Columbia (“Defendant” or “the District”) contends that Plaintiff's claim is barred by a three year statute of limitations pursuant to D.C.Code § 12–301(8) and further contests Plaintiff's prevailing party status. Defendant asserts that Plaintiff is not entitled to recovery of any legal fees or costs. (Opposition, Exh. 1 [Defendant's chart of proposed allowable fees and reasons for fee reductions].)

I. BACKGROUND

Plaintiff is the parent of a minor child who was the subject of an administrative action brought pursuant to the Individuals with Disabilities Education Act and the Individuals with Disabilities in Education Improvement Act (collectively “IDEA”), 20 U.S.C. § 1400 et seq. Pursuant to 20 U.S.C. § 1415(i)(3)(B), a court may award attorney's fees to a parent who prevails in an IDEA proceeding. Prior to filing this civil action, the Plaintiff participated in a December 10, 2007 due process hearing wherein the Hearing Officer identified the following issue to be considered: “[w]hether DCPS denied the student FAPE and failed to convene a compensatory education meeting following the Petitioner's request.” (December 10, 2007 Hearing Officer Determination (“HOD”) at 2, attached to Notice of Removal [1].) The Hearing Officer concluded that:

1) Pursuant to the Blackman–Jones Consent Decree, members of the class may file a due process complaint when they are dissatisfied with the resolution of a request for compensatory education at an IEP meeting or by Central Administration Personnel.

2) Petitioner failed to meet the burden of proof to establish that the alleged procedural violations impeded the child's right to a FAPE; significantly impeded the parent's opportunity to rights afforded by the IDEA 2004, or caused a deprivation of educational benefit.

(December 10, 2007 HOD at 3.) The Hearing Officer did however order DCPS to “provide written notice to [counsel for Plaintiff], proposing at least three separate dates and times to convene an IEP/compensatory education meeting within ten days....” (December 10, 2007 HOD at 3.) The Hearing Officer further ordered that “if DCPS fails to convene an IEP/compensatory education meeting pursuant to this HOD, then DCPS shall fund the Petitioner's compensatory education plan.” ( Id.)

Plaintiff originally filed her complaint for legal fees and costs with the Small Claims and Conciliation Branch of the Superior Court of the District of Columbia. Defendant removed this and other simultaneously filed cases to this Court and the parties subsequently consented to the referral of all such cases to the undersigned Magistrate Judge for all purposes. The parties were directed to brief the issues in these cases in the form of motions for legal fees and responses thereto.

II. LEGAL STANDARD

A. Statute of Limitations

The IDEA does not contain a specific reference regarding when the prevailing party may seek to recover their legal fees. See20 U.S.C. § 1415(i)(3). “When Congress has not established a statute of limitations for a federal cause of action, it is well-settled that federal courts may ‘borrow’ one from an analogous state cause of action, provided that the state limitations period is not inconsistent with underlying federal policies.” Spiegler v. District of Columbia, 866 F.2d 461, 463–64 (D.C.Cir.1989) (citations omitted).

D.C.Code § 12–301 [Limitation of time for bringing actions] states in relevant part that: “[e]xcept as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: * * * (8) for which a limitation is not otherwise specially prescribed—3 years....” D.C.Code Section 12–301(8).

B. Prevailing Party

The IDEA gives courts authority to award reasonable attorney's fees to the parents of a child with a disability who is the prevailing party. 20 U.S.C. § 1415(i)(3)(B). An action or proceeding under IDEA includes both civil litigation in federal court and administrative litigation before hearing officers. Smith v. Roher, 954 F.Supp. 359, 362 (D.D.C.1997); Moore v. District of Columbia, 907 F.2d 165, 176 (D.C.Cir.1990), cert. denied,498 U.S. 998, 111 S.Ct. 556, 112 L.Ed.2d 563 (1990). A party is generally considered to be the prevailing party if he succeeds “on any significant issue in litigation which achieves some of the benefit sought in bring suit.” Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).

The Supreme Court has indicated that the term “prevailing party” does not include a plaintiff who “fail[s] to secure a judgment on the merits or a court-ordered consent decree.” Buckhannon Bd & Care Home, Inc. v. West Virginia Dep't Health & Human Resources, 532 U.S. 598, 606, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001). The Supreme Court therefore rejected the “catalyst theory” whereby a plaintiff would be a prevailing party if the lawsuit brought about the desired result through a voluntary change in the defendant's conduct. 532 U.S. at 605, 121 S.Ct. 1835. The Supreme Court instead determined that a prevailing party must obtain a “material alternation of the legal relationship of the parties.” Id. at 604, 121 S.Ct. 1835 (quoting Texas State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 792–93, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989)). See also District of Columbia v. Straus, 590 F.3d 898, 901 (D.C.Cir.2010) (“the term ‘prevailing party’ [is] a legal term of art” that requires more than achieving the desired outcome; the party seeking fees must also have “been awarded some relief by the court.”) (quoting Buckhannon, 532 U.S. at 603, 121 S.Ct. 1835.) The standards in Buckhannon apply to administrative hearings under the IDEA even though the relief granted is administrative as opposed to judicial. Abarca v. District of Columbia, Civil Action No. 06–1254, 2007 WL 1794101 *2 n. 1 (D.D.C. June 19, 2007).

C. Fee Request

The plaintiff has the burden of establishing the reasonableness of any fee requests. See In re North, 59 F.3d 184, 189 (D.C.Cir.1995); Covington v. District of Columbia, 57 F.3d 1101, 1107 (D.C.Cir.1995) (“[A] fee applicant bears the burden of establishing entitlement to an award, documenting the appropriate hours, and justifying the reasonableness of the rates.”) “An award of attorneys' fees is calculated by multiplying a reasonable hourly rate by the number of hours reasonably expended on the case.” Smith, 954 F.Supp. at 364 (citing Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983)); Blum v. Stenson, 465 U.S. 886, 888, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984). The result of this calculation is the “lodestar” amount. Smith, 954 F.Supp. at 364.

20 U.S.C. § 1415(i)(3)(C) states that “[f]ees awarded under this paragraph shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished.” 20 U.S.C. § 1415(i)(3)(C). To demonstrate a reasonable hourly rate, the fee applicant must show: an attorney's usual billing practices; counsel's skill, experience and reputation; as well as the prevailing market rates in the community. Covington, 57 F.3d at 1107. The determination of a “market rate for the services of a lawyer is inherently difficult” and is decided by the court in its discretion. Blum, 465 U.S. at 896 n. 11, 104 S.Ct. 1541. “To inform and assist the court in the exercise of its discretion, the burden is on the fee applicant to produce satisfactory evidence ... that the requested [hourly] rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.” Id. An attorney's usual billing rate may be considered the “reasonable rate” if it accords with the rates prevailing in the community for similar services by lawyers possessing similar skill, experience and reputation. Kattan by Thomas v. District of Columbia, 995 F.2d 274, 278 (D.C.Cir.1993).

A party moving for summary judgment on legal fees accordingly must demonstrate prevailing party status and the reasonableness of the fees requested in terms of hours spent and hourly rate. Under Fed.R.Civ.P. 56(a), summary judgment shall be granted if the movant shows that there is “no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Accord Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment should be granted against a party “who fails to make a showing sufficient to establish the existenceof an element essential to that party's case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The court is required to draw all justifiable inferences in the nonmoving party's favor and to accept the nonmoving party's evidence as true. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. The nonmoving party must establish more than “the mere existence of a scintilla of evidence” in support of its position. Id. at 252, 106 S.Ct. 2505. Nor may the non-moving party rely on allegations or...