N.D. California cuts fee award 35%, including for missing contemporaneous records

What happened

The fee applicant sought $12,062.50 in attorney fees. Judge Noël Wise awarded $7,840.63, a reduction of $4,221.87 or 35%. The court reduced the requested fee by 25% because the billing records were not contemporaneous. It applied an additional reduction because counsel's firm routinely files these sorts of claims, so much of the time billed for extensive research, including for the fee motion itself, was likely unnecessary.

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 central to the award. A court may cut the fee when entries were not made contemporaneously, and it may separately reduce hours it finds unnecessary given counsel's experience with similar claims, including time spent preparing the fee motion.

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.