N.D. California cuts fee award 43.8%, including for missing contemporaneous records

What happened

Innovative Sports Management sought $5,837.50 in attorney fees. Judge P. Casey Pitts awarded $3,283.59, a reduction of $2,553.91 or 43.8%. The court reduced the requested award because the billing records were not contemporaneous. It applied a further reduction because counsel's firm routinely files these claims and much of the time billed for extensive research was almost certainly unnecessary. The figures do not include costs.

What the court said

The Court finds that it is reasonable to reduce the requested fee award by twenty-five percent given the non-contemporaneous nature of Mr. Riley's billing records.

The court also reduced the award for: excessive hours.

Why it matters

The ruling shows that a fee applicant's time records are tested on two fronts: whether entries were made contemporaneously and whether the hours reflect work the case actually required. Courts may apply separate cuts for each problem, so a lack of contemporaneous records can reduce an award even when other reductions also apply.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

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.