N.D. California cuts FOIA fee award 4.4% over clerical work | LegalTime AI

N.D. California cuts FOIA fee award 4.4% over clerical work

US Right to Know v. United States Department of Defense, Uniformed Services University of the Health Sciences, No. 3:23-cv-02956. District Court, N.D. California, Judge Thomas S. Hixson. Decided . Read the opinion

Requested
$77,698.30
Awarded
$74,312.88
Cut
4.4%$3,385.42

FOIA · FOIA · Fee applicant's counsel: Public Justice

What happened

Public Justice, counsel for the plaintiff, requested $77,698.30 in FOIA fees for 101.46 hours. Judge Thomas S. Hixson awarded $74,312.88, a reduction of $3,385.42 or 4.4%. The court deducted $236.61 for time on failed logins and downloading issues, $668.62 for clerical tasks such as filing documents and preparing and serving summons, $372.99 for other clerical entries, and $2,107.20 for vague entries lacking a persuasive justification.

What the court said

Clerical work billed as legal work · $236.61
Plaintiff has not shown that it typically bills its clients for ‘failed logins and frustration” and downloading issues, and the Court is not convinced that Plaintiff would pass these costs on to its client. Accordingly, the Court finds these fees should be eliminated.
Clerical work billed as legal work · $668.62
billing “for purely clerical tasks such as filing documents and preparing and serving summons” is not. ... Accordingly, the Court shall deduct $668.62 for the following billing entries
Clerical work billed as legal work · $372.99
Accordingly, the Court shall deduct $372.99 for the following billing entries: 6/18/2023 ($23.31); 7/5/2023 ($46.62); 7/25/2023 ($23.32); 8/14/2023 ($77.70); 9/21/2023 ($23.32); 3/13/2024 ($23.32); 11/5/2024 ($155.40).
Vague entries · $2,107.20
In sum, the Court finds a deduction of $2,107.20 is warranted for entries where Plaintiff “fails to “provide a persuasive justification for” seeking these fees.

Why it matters

The ruling shows that courts will trim fee awards when time records include clerical tasks billed as legal work and entries too vague to justify the time claimed, even where the overall reduction is modest.

How to keep this out of your fee petition

  • Leave purely clerical work off the fee petition.
  • Describe paralegal tasks so the substantive work is clear.
  • Split mixed entries into their substantive and clerical parts.

Cite this ruling

US Right to Know v. United States Department of Defense, Uniformed Services University of the Health Sciences, No. 3:23-cv-02956 (N.D. Cal. Mar. 19, 2025)

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.

More rulings like this

All rulings in the Fee Cut Tracker