W.D. New York cuts FOIA fee award 62.5%, including for missing contemporaneous records

What happened

The fee applicant sought $4,439.60 in attorney fees and costs under FOIA. The court awarded $1,666.67, a reduction of $2,772.93 or 62.5%, and the figures include costs. The court found that no contemporaneous time records had been submitted. It also limited the award to one-third of the amount paid by Crow, reflecting the earlier determination that fees were available only on the action against the FBI.

What the court said

Here, however, Kuzma has not submitted any contemporaneous time records

The court also reduced the award for: limited success.

Why it matters

The ruling shows that a fee petition without contemporaneous time records can draw a substantial reduction even where some fees are still awarded. It also shows courts may combine a records-based cut with a limited-success adjustment, so the final award reflects both the quality of the documentation and the scope of the relief obtained.

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 W.D. New York approves and attorney fee motions in New York 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.