E.D. California cuts fee award 63.6%, including for reconstructed time

What happened

The fee applicant sought $51,122.50 in attorney fees. Judge Troy L. Nunley awarded $18,616.50, a reduction of $32,506. The court found the requested hourly rates unreasonable and adopted lower rates it had set the prior year. It also reduced several billing entries for excessive hours, including work on a deposition, a supplemental brief, a request for judicial notice, and a minute order. The court then reduced the remaining billed hours by 30% for reconstructed time, block billing, and clerical work billed as legal work.

What the court said

this Court reduces the remaining billed hours by thirty percent.

this Court reduces the remaining billed hours by thirty percent.

this Court reduces the remaining billed hours by thirty percent.

The court also reduced the award for: hourly rate reduced, excessive hours, excessive hours, excessive hours, excessive hours, excessive hours.

Why it matters

The ruling shows that a fee award can be cut on several fronts at once: the hourly rate, individual entries for excessive hours, and a percentage reduction of the remaining hours for recordkeeping problems. Courts will examine time entries for reconstruction, block billing, and clerical tasks, and apply a further reduction when those issues affect the records as a whole.

How to keep this out of your fee petition

• Track time from the first day, even in matters you expect to be contingent or fee-shifting.
• If you must reconstruct time, say so and explain the sources.
• Do not round or estimate to fill gaps.

Cite this ruling

See hourly rates the E.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.