D. Arizona cuts civil rights fee award 16.7%, including for clerical work

What happened

The plaintiff's firm, Barton Mendez Soto PLLC, requested $106,277.50 in attorney fees. The court awarded $88,545, a reduction of $17,732.50. It cut 28.2 hours and $8,122.50 in fee hours and 4.1 hours in expense hours for non-compensable clerical and administrative tasks. It also applied an unopposed reduction of 8.6 hours and $2,150 for an associate's attendance at depositions and mediation on four dates.

What the court said

the Court will reduce the number of fee hours expended by 28.2 hours and $8122.50 and reduce expense hours by 4.1 hours and $512.50 to account for non-compensable clerical and administrative tasks.

The court also reduced the award for: other.

Why it matters

The ruling shows that courts separate clerical and administrative tasks from legal work when reviewing time records, and that unopposed reductions are applied as requested. It also shows that attendance at depositions and mediation can be reduced when the parties agree.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the D. Arizona approves and attorney fee motions in Arizona 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.