D. Idaho cuts fee award 83.3%, including for vague entries

What happened

TB Holding sought $84,192.84 in fees and costs for 145.4 hours. The court awarded $14,071.50, including costs, after excluding 13.8 hours for unrelated claims, 18.1 hours for vague entries, 4.7 hours for unclear disputes, 7.7 hours for unexplained time, and 18.1 hours for unrelated issues. It reduced 20.6 hours to 10, excluded 4.6 hours for polishing and finalizing, reduced one attorney's hourly rate, and awarded half of reasonable fees for limited success.

What the court said

The 18.1 hours included in entries 9, 10, 13, 16, 21, and 23 will be excluded because these entries “encompass[] work that falls outside. . . the scope of the work caused by [the discovery violation].”

The Court will also exclude the 4.7 hours reflected in entries 29 and 36 because it is unclear which discovery disputes these entries relate to.

Because the Court cannot tell from the time entries how these 7.7 hours were spent, they will be excluded.

The court also reduced the award for: unrelated claims, unrelated claims, excessive hours, duplicative staffing, hourly rate reduced, limited success.

Why it matters

The ruling shows that time entries must tie each task to the discovery dispute at issue. Entries that do not identify the dispute or explain the work are excluded from the lodestar, and courts will also cut hours for unrelated claims, excessive time, and limited success.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

See hourly rates the D. Idaho approves and attorney fee motions in Idaho 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.