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Salazar v. District of Columbia

United States District Court, D. Columbia.

January 28, 2014

OSCAR SALAZAR, et al., Plaintiffs,
v.
DISTRICT OF COLUMBIA, et al., Defendants

As Amended January 30, 2014.

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For OSCAR SALAZAR, by his parents and next friends, ADELA AND OSCAR SALAZAR, Plaintiff: April Isabel Land, LEAD ATTORNEY, UNIVERSITY OF NEW MEXICO, Albuquerque, NM; Bruce J. Terris, Kathleen Lillian Millian, LEAD ATTORNEYS, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC; Lynn E. Cunningham, LEAD ATTORNEY, DuBois, WY; Paula D. Scott, LEAD ATTORNEY, PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA, Washington, DC; Robert I. Berlow, Crownsville, MD.

For PAUSI ARGUETA, by her parents and next friends, ORFOLIO AGUETA AND MIRNA PAZ, TERESA ARGUETA, by her parents and next friends, ORFOLIO ARGUETA AND MIRNA PAZ, MIRNA PAZ, IRMA ISABEL FLORES, by her parent and next friend, ABIGAIL FLORES, YANET ABIGAIL FLORES, by her parent and next friend, ABIGAIL FLORES, LUIS ALFREDO FLORES, by his parent and next friend, ABIGAIL FLORES, CARLINA FLORES, by her parent and next friend, ABIGAIL FLORES, ANA IRIS FLORES, by her parent and next friend, ABIGAIL FLORES, ABIGAIL FLORES, JESSICA CRUZ, by her parent and next friend, SYLVIA CRUZ-DIAZ ALVAREZ, SYLVIA CRUZ-DIAZ ALVAREZ, Plaintiffs: April Isabel Land, LEAD ATTORNEY, UNIVERSITY OF NEW MEXICO, Albuquerque, NM; Bruce J. Terris, Kathleen Lillian Millian, LEAD ATTORNEYS, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC; Lynn E. Cunningham, LEAD ATTORNEY, DuBois, WY; Paula D. Scott, LEAD ATTORNEY, PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA, Washington, DC; Robert I. Berlow, Crownsville, MD.

For CRISTIAN JAVIER BAEZ, by his parent and next friend, LUCILA QUINTO, Plaintiff: April Isabel Land, LEAD ATTORNEY, UNIVERSITY OF NEW MEXICO, Albuquerque, NM; Bruce J. Terris, LEAD ATTORNEY, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC; Lynn E. Cunningham, LEAD ATTORNEY, DuBois, WY; Paula D. Scott, LEAD ATTORNEY, PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA, Washington, DC; Robert I. Berlow, Crownsville, MD.

For NELSON ALVAREZ, by his parent and next friend, SYLVIA CRUZ-DIAZ ALVAREZ, Plaintiff: April Isabel Land, LEAD ATTORNEY, UNIVERSITY OF NEW MEXICO, Albuquerque, NM; Bruce J. Terris, Kathleen Lillian Millian, LEAD ATTORNEYS, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC; Lynn E. Cunningham, LEAD ATTORNEY, DuBois, WY; Paula D. Scott, LEAD ATTORNEY, PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA, Washington, DC; Robert I. Berlow, Crownsville, MD.

For JUAN ANTONIO FLORES, Plaintiff: Bruce J. Terris, LEAD ATTORNEY, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC; Robert I. Berlow, Crownsville, MD.

For ALL PLAINTIFFS, Plaintiff: Bruce J. Terris, Kathleen Lillian Millian, LEAD ATTORNEYS, Zenia Sanchez Fuentes, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC; Elisabeth J. Lyons, DRINKER BIDDLE & REATH, LLP, Washington, DC.

For DISTRICT OF COLUMBIA, Defendant: Alan S. Block, LEAD ATTORNEY, BONNER KIERNAN TREBACH & CROCIATA, LLP, Washington, DC; Bradford Collins Patrick, LEAD ATTORNEY, OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA, Public Interest Division, Washington, DC; Charles Luverne Reischel, Nancy S. Schultz, LEAD ATTORNEYS, Arabella W Teal, Marceline D. Alexander, OFFICE OF CORPORATION COUNSEL, D.C., Washington, DC; Elizabeth Sarah Gere, LEAD ATTORNEY, OFFICE OF THE ATTORNEY GENERAL OF THE DISTRICT OF COLUMBIA, Civil Litigation Division, Washington, DC; Ellen A. Efros, LEAD ATTORNEY, OFFICE OF THE ATTORNEY GENERAL, Civil Litigation Division, Washington, DC; Peggy Massey, LEAD ATTORNEY, DEPARTMENT OF HUMAN SERVICES, Office of General Counsel-St. Elizabeths, Washington, DC; Robert C. Utiger, LEAD ATTORNEY, DC OFFICE OF THE ATTORNEY GENERAL, Washington, DC; Wanda Tucker, LEAD ATTORNEY, DEPARTMENT OF HEALTH, Medical Assistance Administration, Washington, DC; Grace Graham, OFFICE OF THE ATTORNEY GENERAL, Washington, DC.

For HEALTH SERVICES FOR CHILDREN WITH SPEICAL NEEDS, Interested Party: Allen Vern Farber, LEAD ATTORNEY, James Aston Barker, DRINKER BIDDLE & REATH, Washington, DC; Andrew Butz, LEAD ATTORNEY, BONNER, KIERNAN, TREBACH & CROCIATA, LLP, Washington, DC.

For MCKESSON HEALTH SOLUTIONS, LLC, Interested Party: Andrew Butz, LEAD ATTORNEY, BONNER, KIERNAN, TREBACH & CROCIATA, LLP, Washington, DC.

For HEALTH SERVICES FOR CHILDREN WITH SPECIAL NEEDS, INC., Interested Party: Andrew Butz, LEAD ATTORNEY, Alan S. Block, BONNER, KIERNAN, TREBACH & CROCIATA, LLP, Washington, DC; James Aston Barker, LEAD ATTORNEY, DRINKER BIDDLE & REATH, Washington, DC; .

For CHARTERED HEALTH PLAN, Intervenor Defendant: James L. Feldesman, LEAD ATTORNEY, FELDESMAN TUCKER LEIFER FIDELL LLP, Washington, DC.

For D.C. CHARTERED HEALTH PLAN, INC., Intervenor Defendant: Andrea R. Calem, LEAD ATTORNEY, EPSTEIN BECKER & GREEN, P.C., Washington, DC.

For CAPITAL COMMUNITY HEALTH PLAN, INC., Movant: James L. Feldesman, LEAD ATTORNEY, FELDESMAN TUCKER LEIFER FIDELL LLP, Washington, DC.

For CHILDREN'S LAW CENTER, Movant: Allan Baron Moore, LEAD ATTORNEY, COVINGTON & BURLING, Washington, DC; Katharine R. Goodloe, PRO HAC VICE, COVINGTON & BURLING LLP, Washington, DC.

For KATY LISETTE ALVAREZ, Plaintiff: Jane Perkins, LEAD ATTORNEY, NATIONAL HEALTH LAW PROGRAM, Chapel Hill, NC; Kathleen Lillian Millian, LEAD ATTORNEY, TERRIS, PRAVLIK & MILLIAN, LLP, Washington, DC.

For MARION BARRY, in his official capacity as Mayor of the District of Columbia, Defendant: Charles Luverne Reischel, Nancy S. Schultz, LEAD ATTORNEYS, Arabella W Teal, OFFICE OF CORPORATION COUNSEL, D.C., Washington, DC; Robert C. Utiger, LEAD ATTORNEY, DC OFFICE OF THE ATTORNEY GENERAL, Washington, DC; Wayne Chester Witkowski, OFFICE OF THE ATTORNEY GENERAL, DC, Legal Counsel Division, Washington, DC.

For VERNON HAWKINS, in his official capacity as Interim Director of the Department of Human Services, Plaintiff: Charles Luverne Reischel, Nancy S. Schultz, LEAD ATTORNEYS, Arabella W Teal, OFFICE OF CORPORATION COUNSEL, D.C., Washington, DC; Peggy Massey, LEAD ATTORNEY, DEPARTMENT OF HUMAN SERVICES, Office of General Counsel-St. Elizabeths, Washington, DC; Robert C. Utiger, LEAD ATTORNEY, DC OFFICE OF THE ATTORNEY GENERAL, Washington, DC; Wayne Chester Witkowski, OFFICE OF THE ATTORNEY GENERAL, DC, Legal Counsel Division, Washington, DC.

For ADVANTAGE HEALTHPLAN INC., Movant: Laurence Schor, LEAD ATTORNEY, Asmar, Schor & McKenna, PLLC, Washington, DC.

OPINION

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AMENDED MEMORANDUM OPINION

Gladys Kessler, United States District Judge.

Plaintiffs have filed a Motion for an Award of Litigation Costs, Including Attorneys' Fees and Expenses, For 2011 and Certain Categories and Work From 2010 Through 2012 That Had Previously Been Held in Abeyance or Not Decided [Dkt. No. 1803]. The Court has already awarded Plaintiffs $476,667.78 [Dkt. No. 1841] that was undisputed by Defendants. Therefore, the amount remaining to be dealt with in this Motion is $806,933.08, and Plaintiffs seek a total award of $1,283,600.86.[1] Upon consideration of the Motion, the Opposition [Dkt. No. 1840], the Reply [Dkt. No. 1859], Defendants' Surreply [Dkt. No. 1899], and the extensive record

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in this case, the Court concludes that the Motion should be granted in part and denied in part.

Defendants raise many, many objections to the lengthy papers and supporting data filed by Plaintiffs. Some have merit, many do not, and some are simply trivial. The Court will address in turn those which merit analysis.

I. APPROPRIATE BILLING RATES FOR COUNSEL

In Salazar I, 123 F.Supp.2d 8 (D.D.C. 2000), and in all subsequent fee rulings, the Court ruled that the methodology under which the Laffey rates should be updated is properly measured by the Legal Services Index (" LSI" ) of the Nationwide Consumer Price Index (" CPI" ), rather than by the All-Items CPI for the Washington, D.C. ...


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