Académique Documents
Professionnel Documents
Culture Documents
FEB 19 1999
PATRICK FISHER
Clerk
JANE ROE,
Plaintiff-Appellant,
v.
CHEYENNE MOUNTAIN
CONFERENCE RESORT, INC.,
No. 98-1138
(D.C. No. 95-WY-2152-CB)
(D. Colo.)
Defendant-Appellee.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Plaintiff Jane Roe (a pseudonym used for purposes of privacy) appeals the
district courts attorney fee award on her claims brought pursuant to the
Americans with Disabilities Act (ADA), 42 U.S.C. 12112(d)(4)(A). As the
prevailing party in the underlying litigation, plaintiff is entitled to attorney fees
pursuant to 42 U.S.C. 12205. In a prior appeal, this court directed the district
court to determine the appropriate amount of attorney fees and costs to be
awarded to plaintiff.
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An attorney fee award under the ADA is treated similarly to fee awards
under Title VII and 42 U.S.C. 1988.
1995). The burden is on the fee applicant to establish her entitlement to an award
and to document the reasonable hours expended and hourly rates.
See Hensley v.
the requisite concise but clear explanation of its reasons for the fee award,
Hensley , 461 U.S. at 437, and there is no indication that the reduction was
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punitive. The district court was within its discretion to make a general reduction
in fees to comport with what it ascertained was reasonable.
See Carter v.
either or both parties [bore] responsibility for the delay in resolving this case,
Roe I , 124 F.3d at 1234, and concluded that both plaintiff and defendant were
responsible for the delay. Plaintiff argues that the district court erred in finding
that only her own attorney was at fault. The record clearly shows that the district
court found that attorneys for both parties were at fault. We conclude that the
district court did not abuse its discretion in reducing the fee awarded to plaintiff
for this reason.
96-3344, slip op. at 34-36, 1999 WL 6431 (10th Cir. Jan. 11, 1999) (affirming
reduction in attorney fees due to delay in filing stipulation for dismissal).
The district court denied plaintiffs application for fees incurred by
Greg Walta, an attorney hired as an expert to testify on plaintiffs attorney fee
application. Plaintiff maintains that she engaged Mr. Waltas services to prepare
for the possibility that an evidentiary hearing would be held and that the district
court did not inform the parties until shortly before the hearing that evidence
would not be taken. On this record, we agree with the district court that plaintiff
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could have ascertained the nature of the hearing before committing substantial
sums to Mr. Walta. Furthermore, because no evidentiary hearing was held,
Mr. Waltas assistance was not actually necessary or essential to proper
representation.
reviewed the record, keeping in mind that the district court has a superior
understanding of the litigation,
965 F.2d 825, 827 (10th Cir. 1992) (reviewing court will not sift through the
record to find support for appellants arguments). We find no abuse of discretion
in the district courts reduction of compensable hours on the state law claims.
See, e.g. , Hensley , 461 U.S. at 433.
Finally, plaintiff appeals the district courts denial of her motion to compel
discovery of defendants attorneys billing records and specified correspondence.
We review a district courts discovery orders for an abuse of discretion.
Burks
v. Oklahoma Publg Co. , 81 F.3d 975, 981 (10th Cir. 1996). At the hearing held
on December 12, 1997, defendant revealed the rate charged by the losing counsel,
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Health & Human Servs. , 80 F.3d 1500, 1507 (10th Cir. 1996) ([W]e have
examined plaintiffs requests for further discovery and fail to see how the
information she seeks would be relevant to the amount of the fee award.).
Plaintiffs request for fees and costs incurred in this appeal is DENIED.
The judgment of the United States District Court for the District of Colorado
is AFFIRMED.
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