District of Columbia cuts FOIA fee award 28.4%, including for reconstructed time

What happened

The plaintiff sought $94,949.20 in fees and costs under FOIA. The court awarded $67,995.40, a reduction of $26,953.80. It applied a 10% cut for limited success and a 15% cut for excessive hours. It deducted $1,250 for duplicative staffing and $1,370.70 for 1.9 hours of reconstructed time. On fees on fees, it applied a 25% cut, an additional 2% for reconstructed entries, and deducted $602 for duplicative or reconstructed entries.

What the court said

The Court will therefore deduct the 1.9 hours that Topic spent reviewing court orders during the merits portion of the case, in the amount of $1370.70.

Moreover, the Court applies an additional 2% reduction to the fees on fees to compensate for any time Plaintiff spent reconstructing entries.

The court also reduced the award for: limited success, excessive hours, duplicative staffing, fees on fees, duplicative staffing.

Why it matters

The ruling shows courts will reduce fee awards when time records include reconstructed entries, even alongside other grounds such as limited success and excessive hours. It also shows courts may apply separate cuts to fees on fees for recordkeeping problems, and that deductions can be specific amounts or percentages.

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 District of Columbia approves and attorney fee motions in District of Columbia federal courts.

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