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Briggs v. Government of The District of Columbia

United States District Court, District of Columbia

April 2, 2015

SHAMEA BRIGGS, Plaintiff,
v.
GOVERNMENT OF THE DISTRICT OF COLUMBIA. Defendant.

ORDER AND FINAL JUDGMENT

TANYA S. CHUTKAN, District Judge.

On December 20, 2014, the magistrate judge's report and recommendation ("Report") was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. On January 2, 2015, Plaintiff filed objections[1] to the Report and on January 15, 2015, Defendant filed a response to Plaintiff's objections.

Plaintiff identified three clerical errors in the spreadsheet appended to the Report containing the computation of total attorney's fees awarded (the "Spreadsheet"). Three entries (each a "Blank Entry") in the "hourly rate allowed" column on the Spreadsheet, which itemized the time and fees allowed, were left blank, resulting in $0.00 appearing in the "Total Allowed" column for each of those three entries. It is clear both from the text of Magistrate Judge Facciola's report and from the fact that the spreadsheet contains values for each Blank Entry in the "Hours Allowed" column that Magistrate Judge Facciola's recommendation is to award attorney's fees for those entries. Defendant does not oppose Plaintiff's objection to the extent the Court left those entries blank in error. After careful consideration of the record in this case, the magistrate judge's report and recommendation and objections thereto, the court hereby MODIFIES the report of the magistrate judge as follows[2]:

• First Blank Entry (Spreadsheet at 3), for "Correspondence to F. Raskins, Hearing Officer and J. Douds, Esq. DCPS re: Identification of witnesses for due process hearing, " the total allowed shall be adjusted to $113.63.
• Second Blank Entry (Spreadsheet at 6), for "Phone consult with T. Christenson, MD re: Availability to conduct independent psychiatric evaluation per recommendation of DCPS, " the total allowed shall be adjusted to $75.75.
• Final Blank Entry (Spreadsheet at 6), for "Review and respond to 2nd correspondence from D. Jacobstein, Ph.D. re: Availability to conduct independent evaluation per Hearing Officer Determination, " the total allowed shall be adjusted to $113.63.
• The subtotal of attorney's fees (Spreadsheet at 14) shall be adjusted to 20, 834.34.
• The conclusion of the Report (Report at 14) shall be adjusted to reflect the following award of attorney's fees and costs:
Attorney's Fees: $20, 834.34
Costs: $100.44
Total: $20, 934.78.

A revised spreadsheet is attached to this Order. The court ACCEPTS as MODIFIED the recommendations of the magistrate judge and it is, therefore,

ORDERED, ADJUDGED and DECREED that Plaintiff's Motion for Summary and Defendant's Cross-Motion for Summary Judgment are hereby granted in part and denied in ...


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