Again exercising its "equitable judgment," the Court will make a 35 percent reduction of hours billed for conferences. Mr. Fried's hours are reduced by 5.5 hours; Ms. Sweeney's, by 1.75 hours; Ms. Brody's, by 7 hours; and Mr. Schuster's, by 3.25 hours.
Defendant's third objection is to 35 hours billed by Ms. Brody for editing Mr. Fried's draft of the appellate brief. Defendants argue that it is excessive for a first-year associate like Ms. Brody to spend so much time editing the brief of the lead attorney in the case. The Court agrees. Ms. Brody's affidavit does not indicate why editing the brief required such an inordinately large time commitment. Accordingly, the Court reduces Ms. Brody's time by 23 hours, on the theory that a suitable "editing" job on an appellate brief should take no longer than two full "billing" days.
The Court's independent review of the fee application leads it to conclude that the time billed for preparing the supplemental fee application is excessive and should be reduced. Together Mr. Fried and Mr. Deford billed 20 hours to prepare an 11-page document with several supporting affidavits. The Court questions the use of two attorneys for this purpose, and further notes that Mr. Deford's affidavit makes it clear that he spent time on research which could not in any event yield evidence relevant to this application.
The Court concludes that a 50 percent reduction for time billed on the supplemental application is warranted. Mr. Fried's hours thus are reduced by 4.75 hours, and Mr. Deford's hours are reduced by 5.5 hours.
6. Miscellaneous Reductions
Several other billing entries require attention. The Court concludes that Ms. Brody should not be compensated for the bill of 2.25 hours spent on "dividing up" the appellate brief among the attorneys. This billing is excessive and involves work that is "normally performed by paralegals, clerical personnel, or other non-lawyers." Action on Smoking and Health, 724 F.2d at 221. For the same reason, the Court excludes 4.75 hours billed by Mr. Schuster for the clerical work of "arrangement, photocopying, and collation" of the appendix to the appellate brief. Finally, and for self-evident reasons, the Court excludes from Mr. Fried's total one-half hour billed for a telephone conversation with Judge Gesell's law clerk.
D. Individual Lodestars
Having determined the reasonable hourly rate and the hours reasonably expended on the litigation, the Court will calculate the lodestar for each attorney. The 206.75 hours originally claimed by Mr. Fried are reduced by 51.75 hours, for a total of 155 hours. Mr. Fried's lodestar thus is $ 11,625. Ms. Sweeney's requested total of 17.25 hours is reduced by 3.50 hours for a new total of 13.75 hours, giving Ms. Sweeney a lodestar of $ 1,031.25. Ms. Brody's request for 147.50 hours is reduced by 43.25 hours, yielding a new total of 104.25 hours and a lodestar of $ 7,818.75. Mr. Schuster's original total of 86 hours is reduced by 21 hours, yielding a new total of 65 hours and a lodestar of $ 4,875. Mr. Deford's request for 10.75 hours is reduced by 5.50 hours, yielding a new total of 5.25 hours and a lodestar of $ 393.75.
IV. REQUEST FOR COSTS
The applicants seek reimbursement for a $ 10 filing fee, $ 5 appeal fee, and $ 65 docketing fee incurred for this litigation. Defendants raise no objections to these fees, and the Court concludes that the $ 80 costs request should be granted.
ORDER - November 18, 1985, Filed
Upon consideration of plaintiffs' application for attorneys' fees and costs, the memoranda of points and authorities in support thereof and in opposition thereto, and the entire record herein, and both parties having been heard in open Court thereon, it is by the Court, for the reasons stated in the accompanying memorandum, this 15th day of November, 1985,
ORDERED that plaintiffs' motion for attorneys' fees be, and hereby is, granted; and it is further
ORDERED that defendants shall pay plaintiffs' attorneys' fees in the amount of $ 25,743.75 and costs in the amount of $ 80; and it is further
ORDERED that the attorneys' fees shall be allocated as follows: Mr. Bruce Fried, $ 11,625.00; Ms. Eileen Sweeney, $ 1,031.25; Ms. Evelyn Brody, $ 7,818.75; Mr. Michael Schuster, $ 4,875.00; and Mr. Gill Deford, $ 393.75.