N.D. California cuts FOIA fee award 60.4%, including for block billing

What happened

Cannata O'Toole & Olson LLP sought $514,392.50 in FOIA fees for the American Small Business League. Judge Maxine M. Chesney awarded $203,596.40. The court allowed fees for one-third of the billed time in two periods and one-half in two others, awarding $76,134 and $53,399 for the latter, citing limited success and work on unrelated claims. The court then reduced the awarded hours that were block billed by 20%, producing the final award.

What the court said

as to the hours awarded that were block billed, the Court reduces its award by 20%, resulting in a fee award of $203,596.40.

The court also reduced the award for: other, unrelated claims, limited success, limited success.

Why it matters

The ruling shows that block billing can draw a percentage cut even after the court has already trimmed hours for limited success and unrelated claims. It also shows courts applying across-the-board reductions to the remaining awarded time rather than parsing each entry.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

See hourly rates the N.D. California approves and attorney fee motions in California federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.