P.-K. et al v. Department of Education, State of Hawai'i
| R. P.-K., C. K., R. T. D., R. D., M. D., B. P., M. P., C. B., N. B. and Hawaii Disability Rights Center |
| Department of Education, State of Hawai'i |
| 1:2010cv00436 |
| July 27, 2010 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| UNASSIGNED |
| KEVIN S.C. CHANG |
| Civil Rights: Americans with Disabilities - Other |
| 20 U.S.C. ยง 1400 Civil Rights of Handicapped Child |
| None |
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The following documents for this case are available for you to view or download:
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Filing
718
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' REQUEST FOR ADMINISTRATIVE FEES AND ATTORNEYS' FEES re 705 . When this court considers the administrative fees sought, the court's best estimate is that 30 percent of tho se fees are not sufficiently supported. In reducing the administrative fees by 30 percent, the court is considering notonly the issues with the timesheets identified earlier in this order but also an hourly rate greater than $25 but less than &# 036;50 per hour. With respect to the attorneys' fees sought, the court awards 60 percent of the amount sought, concluding that an overall reduction of 40 percent recognizes issues of concern with the timesheet entries and the numerous in stances in which Plaintiffs did not show that the tasks performed needed to be done by attorneys charging attorneys' hourly rates. The court does not reach these percentages lightly. The 60 percent award recognizes that Plaintiffs' counsel has clearly performed commendable work on behalf of individuals who benefitted from thelegal services provided. The court also recognizes, as it has noted earlier in this order, that there may well have been efficiencies in having knowledgeable couns el handle certain matters. But the court has to deal with what the submissions in the record support, and many of the entries were problematic. Moreover, the fees were initially sought as administrative fees, presumably because of the administrative nature of much of the work. To summarize, the court grants in part and denies in part Plaintiffs' motion for administrative and attorneys' fees. The court awards a total of $143,291.40 from the Services Fund, $2,425.50 in administrative fees, and $140,865.90 in attorneys fees.Signed by JUDGE SUSAN OKI MOLLWAY on 3/28/2023.(cib)
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Filing
700
ORDER ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGE ORDER GRANTING REQUEST FOR ADMINISTRATIVE FEES re: 689 . Signed by JUDGE SUSAN OKI MOLLWAY on 6/1/2022.This court adopts the F&R in part and rejects it in part, declining to award attorneys' fees as administrative expenses. The court adopts the F&R to the extent it awards $28,523.81 in other administrative fees ($316,443.31 -$287,919.50 = $28,523.81). The denial of attorneys' fees sought under the guise of administrative fees is without prejudice to another motion seeking those fees filed no later than July 1, 2022. (cib)
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Filing
610
ORDER ADOPTING Magistrate Judge's Findings and Recommendation To Grant In Part and Deny In Part Settlement Administrator's Motion For Additional Administration Funds re 609 . Signed by JUDGE SUSAN OKI MOLLWAY. (cib, )
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Filing
550
ORDER Adopting In Part and Modifying In Part Magistrate Judge Findings and Recommendation re 543 . This court adopts the F&R in part and modifies it in part. The court awards Plaintiffs a total of $75,000 in interim fees and GET and authori zes the Settlement Administrator to disburse those funds from the $250,000 set aside in the settlement agreement for attorneys' fees. The court adopts the F&R to the extent it recommends denial of the remainder of the motion for fees, without prejudice to any future fee award, including for the same period covered by the motion (but without duplicating the award made here). Signed by JUDGE SUSAN OKI MOLLWAY on 12/16/2019. (cib)
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Filing
422
ORDER DETERMINING CLASS - Signed by JUDGE SUSAN OKI MOLLWAY on 10/18/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
388
AMENDED ORDER REGARDING IDENTIFICATION OF CLASS MEMBERS re 346 , 386 , 387 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/20/2016. "No later than September 19, 2016, Plaintiffs shall file under seal a list of all ind ividuals that Plaintiffs have determined are included in the class. After September 19, 2016, individuals may not be added to the class, although individuals may subsequently be dropped from the class, either at their request or upon a successful c hallenge by the DOE to the individuals' inclusion in the class." "Having addressed some of the issues raised by the pending appeal from the Magistrate Judge's order of February 18, 2016, the court views the remaining issue s that are the subject of the appeal as likely to be rendered moot by this order. This court terminates the appeal but will reinstate it at Plaintiffs' request if, after September 19, 2016, Plaintiffs believe unresolved issues raised by the ap peal must be addressed by the trial judge." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
386
ORDER REGARDING IDENTIFICATION OF CLASS MEMBERS re 346 - Signed by JUDGE SUSAN OKI MOLLWAY on 5/19/2016. " No later than September 19, 2016, Plaintiffs shall file under seal a list of all individuals that Plaintiffs hav e determined are included in the class. After September 19, 2016, individuals may not be added to the class, although individuals may subsequently be dropped from the class, either at their request or upon a successful challenge by the DOE to the individuals' inclusion in the class." "Having addressed some of the issues raised by the pending appeal from the Magistrate Judge's order of February 18, 2016, the court views the remaining issues that are the subject of the appeal as likely to be rendered moot by this order. This court terminates the appeal but will reinstate it at Plaintiffs' request if, after September 19, 2016, Plaintiffs believe unresolved issues raised by the appeal must be addressed by th e trial judge." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
345
ORDER ADOPTING IN PART AND MODIFYING IN PART MAGISTRATE JUDGE ORDER DENYING REQUEST FOR INTERIM ATTORNEYS' FEES re 316 , 327 - Signed by JUDGE SUSAN OKI MOLLWAY on 3/1/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
187
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR AWARD OF COMPENSATORY EDUCATION AND APPOINTMENT OF SPECIAL MASTER; ORDER DENYING DEFENDANT'S MOTION FOR THE COURT TO DETERMINE THE APPROPRIATE FORUM AND PROCESS FOR EVALUATI NG COMPENSATORY EDUCATION CLAIMS OF CLASS MEMBERS re 172 ; 173 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 8/22/2014. "The parties are ordered to work with Magistrate Judge Kevin S.C. Chang concerning the following : 1) Determination of Class Members: as soon as practicable, but in no event later than September 22, 2014, the DOE must provide Plaintiffs' counsel with the name of every potential class member, accompanied by his or her last-known cont act information. The DOE must include the names and last-known contact information of all individuals who might have been affected by the DOE's "age out" calculation, including individuals that the DOE concludes may have opt ed not to receive services, such as drop outs and those with employment. The DOE may provide names by grouping similarly situated individuals. Magistrate Judge Chang will settle all disputes concerning the identification of class members ; < BR> 2) Consideration of the DOE's ability to provide compensatory education to class members; 3) Identification of private service providers likely to be needed to provide compensatory education to class members and likely to be agreed to b y the parties; and 4) Consideration of prompt class notification and of further class certification issues, with any modification of the existing class certification to be sought by motion(s) filed no later than October 31, 2014. " "The parties are directed to file status reports on the above matters by September 30, 2014." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
123
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION. Signed by JUDGE DAVID ALAN EZRA on 3/30/2012. ~ Excerpt of Conclusion: "Defendant's Rule 50 motion for judgment as a matter of law is DENIED. The Cour t finds and concludes that Plaintiffs have failed to show by a preponderance of the evidence that pursuant to Act 163, Defendant violated the IDEA, Title II of the ADA, or § 504 of the Rehab Act. Judgment shall be entered in favor of Defendant a s to Counts I, II, and III of Plaintiffs' Complaint. All parties shall bear their own costs of suit." ~ (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
79
ORDER: (1) DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE 57 ; (2) GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT 60 ; AND (3) DENYING P LAINTIFFS' RENEWED MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 59 . Signed by JUDGE DAVID ALAN EZRA on 9/19/2011. [Order follows hearing on motions held 9/12/2011. Minutes of hearing: 76 ]. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
53
ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION WITHOUT PREJUDICE 44 . Signed by JUDGE DAVID ALAN EZRA on 7/12/2011. [Order follows hearing held 7/11/2011 on M/PI. Minutes of hearing: docket entry no. 52 ] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
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Filing
31
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 15 . ~ The class is certified with R.P.-K, R.T.D., and the Hawaii Disability Rights Center as the class representatives. C.B. and B.P. are ineligible to be c lass members or representatives and are DISMISSED from the action. ~ Signed by JUDGE DAVID ALAN EZRA on 3/15/2011. [Order follows hearing held 3/14/2011 on Motion to Certify Class 15 . Minutes: docket entry no. 30 ] (afc ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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