Opinion

HORIZON HOUSE, INC. v. EAST NORRITON TOWNSHIP

Court
District Court, E.D. Pennsylvania
Filed
Feb 3, 2023
Cited by
0 cases
Authority
More cited than 28.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

HORIZON HOUSE, INC. : CIVIL ACTION

:

v. :

:

EAST NORRITON TOWNSHIP : NO. 19-1252

MEMORANDUM

Bartle, J. February 3 , 2023

Before the court is the motion of Plaintiff Horizon

House, Inc. for attorney’s fees as the prevailing party pursuant

to 42 U.S.C. § 3613(c)(2).

I

Plaintiff sued defendant East Norriton Township for

violating the Fair Housing Amendments Act of 1988 (“FHAA”),

42 U.S.C. §§ 3601, et seq.1 Plaintiff, a nonprofit organization

that provides supportive services to individuals in Pennsylvania

with intellectual disabilities, contended that the Township had

refused to issue a certificate of use and occupancy to allow it

to use a property within the Township it had purchased to

provide housing for individuals with disabilities.

1. Plaintiff also sued under the Americans with Disabilities

Act, 42 U.S.C. § 12132, and the Rehabilitation Act, 29 U.S.C.

§§ 794, et seq. These statutes are duplicative of the Fair

Housing Amendments Act for present purposes.

Plaintiff commenced this action nearly four years ago.2

After the parties engaged in a cycle of motion practice and

amended complaints and conducted some discovery, the court

stayed the proceedings to permit the Township’s Zoning Hearing

Board and the state court to determine whether, irrespective of

the FHAA, the Township properly denied plaintiff’s request as a

matter of state zoning law. Ultimately, the state court ordered

the issuance of the certificate of use and occupancy thereby

rendering moot plaintiff’s request for injunctive relief in this

action. Nonetheless, plaintiff continued to seek damages for

the period in which it had been unable to use the property and

for legal fees associated with its proceedings before the Zoning

Hearing Board and the state court. The parties conducted more

discovery and filed cross-motions for summary judgment.

On July 25, 2022, the court granted summary judgment

in favor of plaintiff on the issue of liability. It ruled that

the Township’s zoning ordinance was facially discriminatory

because it imposed significant financial and logistical burdens

on those who sought to provide housing for individuals with

disabilities. See Horizon House, Inc. v. E. Norriton Twp., Civ.

A. No. 19-1252, 2022 WL 2916680, at *4–5 (E.D. Pa. July 25,

2. For a more detailed account of this case’s procedural

history, see Horizon House, Inc. v. E. Norriton Twp., Civ. A.

No. 19-1252, 2022 WL 16745117, at *1–2 (E.D. Pa. Nov. 7, 2022).

2022), reconsideration denied, 2022 WL 4119778 (E.D. Pa. Sept.

8, 2022). The court thereafter held a non-jury trial on

damages. Plaintiff sought a total of $571,259.04 in

compensatory damages: $77,028 in mortgage and related occupancy

costs for the property in question, $39,264.40 in legal fees it

incurred in connection with its Zoning Hearing Board appeal and

its litigation before the state courts, and $454,966.64 in

unreimbursed “administrative” and “allocated” costs. See

Doc. # 128, at 3–4. After trial, however, the court awarded

plaintiff only $29,943.91 in damages to compensate it for its

legal fees. The court denied all additional damages which

plaintiff claimed for its mortgage and related occupancy costs

and for administrative and allocated costs. The court ruled as

it did because plaintiff had failed to produce to the Township

in a timely manner its relevant supporting documents. See

Horizon House, Inc. v. E. Norriton Twp., Civ. A. No. 19-1252,

2022 WL 16745117, at *2–3 (E.D. Pa. Nov. 7, 2022).

II

The FHAA provides: “In a civil action [such as the one

pending here], the court, in its discretion, may allow the

prevailing party, other than the United States, a reasonable

attorney’s fees and costs.” 42 U.S.C. § 3613(c)(2). Plaintiff

now seeks $313,693.50 in attorney’s fees for 695.48 hours of

work, together with $2,572.79 in costs, and $400 for the court’s

filing fee.

The Supreme Court in Hensley v. Eckerhart, 461 U.S.

424 (1983), discussed the award of attorney’s fees under a

similar statute, 42 U.S.C. § 1988. In order to recover

attorney’s fees, a plaintiff must be a prevailing party. The

Supreme Court has defined a prevailing party as one who

“succeed[s] on any significant issue in [the] litigation which

achieves some of the benefit the parties sought in bringing

suit.” Id. at 433; see also Tex. State Tchrs. v. Garland Indep.

Sch. Dist., 489 U.S. 782, 792–93 (1989).

The Township contends that plaintiff should not be

considered a prevailing party. It notes that the state court’s

order requiring the Township to supply the certificate of use

and occupancy rendered plaintiff’s claim for injunctive relief

moot. It contends that plaintiff was awarded damages for an

amount significantly less than what it had initially sought. It

also argues that plaintiff unreasonably prolonged this action in

two ways. First, the Township contends plaintiff could have

shown that the ordinance was facially discriminatory by moving

for judgment on the pleadings under Rule 12(c) of the Federal

Rules of Civil Procedure. Second, it cites the above-mentioned

instance in which plaintiff withheld in discovery relevant

documents to its claim for damages.

Notwithstanding the Township’s contentions, plaintiff

as noted above ultimately proved the Township’s liability under

the FHAA and was awarded damages. While plaintiff did not

obtain injunctive relief in this action, its request for this

relief became moot due to the state court’s order requiring the

Township to grant a use and occupancy certificate. The

Township’s liability for disparate treatment was not a foregone

conclusion since briefing from both parties, as well as the

court’s Memorandum, relied on facts gleaned in discovery.

Moreover, the court will only decline to award fees

for hours “spent litigating claims on which the party did not

succeed and that were ‘distinct in all respects from’ claims on

which the party did succeed.” Rode v. Dellarciprete, 892 F.2d

1177, 1183 (3d Cir. 1990) (quoting Hensley, 461 U.S. at 440).

Here, plaintiff’s action at all times focused exclusively on the

unlawfulness of the Township’s zoning ordinance under the FHAA.

None of its time was spent litigating issues that were both

unsuccessful and unrelated. Rather, the extent of plaintiff’s

success will be considered in deciding whether there should be a

downward adjustment to the fee award. See id.

III

The court applies the “lodestar” formula to determine

a reasonable fee amount. Souryavong v. Lackawanna Cnty., 872

F.3d 122, 128 (3d Cir. 2017). To apply this formula, the court

will multiply the “number of hours reasonably expended” by “a

reasonable hourly rate.” Loughner v. Univ. of Pittsburgh, 260

F.3d 173, 177 (3d Cir. 2001). The lodestar is presumptively

reasonable, and the court will award this amount unless there

are “circumstances in which the lodestar does not adequately

take into account a factor that may properly be considered in

determining a reasonable fee.” Souryavong, 872 F.3d at 128

(quoting Perdue v. Kenny A., 559 U.S. 542, 543–44 (2010)).

IV

The court first determines the reasonable hourly rate

for plaintiff’s counsel. A reasonable hourly rate is the

“prevailing market rate[] in the relevant community” of an

attorney with “experience and skill” comparable to that of the

prevailing party’s attorney. Loughner, 260 F.3d at 180. The

prevailing party has the burden of establishing that the

requested hourly rate comports with the above standard. Smith

v. Phila. Hous. Auth., 107 F.3d 223, 225 (3d Cir. 1997). Once

the prevailing party has met this burden, the defendant may

contest the rates sought “only with appropriate record

evidence.” Id.

Plaintiff seeks an hourly rate of $675 for attorney

Guy Vilim. He has been practicing law for over 35 years and has

identified eight local civil rights actions that he has

litigated. His requested rate is within the $650 to $700 range

for attorneys with over 25 years of experience under the

Community Legal Services attorney fees schedule.3 Plaintiff also

seeks an hourly rate of $375 for attorney Noreen Amir. She has

been practicing law for over 20 years. Her requested rate is

below the $475 to $530 range for attorneys with comparable

experience. “The fee schedule established by Community Legal

Services (‘CLS’) has been approvingly cited by the Third Circuit

as being well developed and has been found by the Eastern

District of Pennsylvania to be a fair reflection of the

prevailing market rates in [the] Philadelphia [legal market].”

Maldonado v. Houstoun, 256 F.3d 181, 187 (3d Cir. 2001)

(cleaned up).

The Township challenges these rates on two grounds.

The Township contends that Vilim and Amir should be compensated

at the same hourly rate that they charged to Horizon House in

representing the organization before the Zoning Hearing Board

and the state courts, $385 for Vilim and $185 for Amir.

However, this federal civil rights action is materially

different from that local and state zoning dispute in the

character and complexity of the issues presented. In addition,

plaintiff asserts that its attorneys charged discounted rates

3. See Attorney Fees, Community Legal Services of

Philadelphia, https://clsphila.org/about-community-legal-

services/attorney-fees/ (July 1, 2018).

for the Zoning Hearing Board and state court matter as they

typically do for nonprofit organizations such as Horizon House.

Our Court of Appeals has said that “a for-profit public interest

law firm that has an artificially low billing rate, [may

recover] the community billing rate charged by attorneys of

equivalent skill and experience performing work of similar

complexity, rather than the firm’s billing rate.” Student Pub.

Int. Rsch. Grp. of N.J., Inc. v. AT & T Bell Labs., 842 F.2d

1436, 1450 (3d Cir. 1988). The Township offers no reason why

this rule should not apply here.

The Township also argues that the billing rates of

plaintiff’s attorneys should be lowered because the amount of

time spent on certain tasks reflects a lack of experience. The

Township cites no case that requires or permits the court to

consider whether inflated hours demonstrate a lack of

experience. The court disagrees that the examples of inflated

hours so clearly call into question the experience and skill of

plaintiff’s counsel such that a reduction in billing rate is

warranted. Rather, this argument is best assessed in

determining how many hours were reasonably expended.

Accordingly, the court will award attorney’s fees at the hourly

rates plaintiff requested.

V

The court next determines how many hours plaintiff’s

counsel reasonably expended on this matter. In doing so, the

court will not award fees for time that is “excessive,

redundant, or otherwise unnecessary.” McKenna v. City of

Philadelphia, 582 F.3d 447, 455 (3d Cir. 2009) (quoting Hensley,

461 U.S. at 434). “Where an opposing party lodges a

sufficiently specific objection to an aspect of a fee award, the

burden is on the party requesting the fees to justify the size

of its award.” Interfaith Cmty. Org. v. Honeywell Int’l, Inc.,

426 F.3d 694, 713 (3d Cir.), as amended (Nov. 10, 2005). Thus,

the court must “‘go line, by line, by line’ through the billing

records” to determine whether they support the fee request. Id.

Plaintiff asserts that Vilim reasonably expended 176.2 hours and

Amir reasonably expended 519.28 hours.

The Township first lodges a general objection to

plaintiff’s request for attorney’s fees. It contends that its

hours are unreasonably inflated to such an extent that the fee

petition should be wholly dismissed as unreliable. The court

disagrees that the cited examples of alleged inflated billing

demonstrate a lack of trustworthiness. Our Court of Appeals has

said that a fee petition should be not denied in entirety when

it is just “grossly excessive” but only when it is “simply

absurd.” Young v. Smith, 905 F.3d 229, 235 (3d Cir. 2018)

(quoting Hall v. Borough of Roselle, 747 F.2d 838, 841 (3d Cir.

1984)). The court will instead scrutinize each of plaintiff’s

counsel’s billing entries subject to the Township’s specific

objections to determine if each is reasonable. In doing so, the

court reviews the relevant filings when appropriate and

considers them in the context of the action at the time it was

filed.4

The Township contests the 28.33 hours that plaintiff’s

counsel spent researching and drafting its original complaint as

well as the 17.67 hours spent researching and drafting its

motion for a preliminary injunction on the ground that such

requests are excessive. The complaint comprised nine pages

addressing a single count and with minimal citation to legal

authority. The time plaintiff’s counsel spent on its original

complaint is excessive in light of the pleading’s relative

simplicity. The court will reduce the amount of reasonable

hours spent on drafting the original complaint to 20. On the

other hand, the time plaintiff’s counsel spent in researching

and drafting its motion for a preliminary injunction is

reasonable. That motion spanned 25 pages, cited many

4. Unless where otherwise noted, the court will apply

reductions to the number of hours spent on a particular task pro

rata based on each attorney’s individual participation in the

task as set forth in plaintiff’s counsel’s billing records.

authorities, and applied the law to the unique facts of the

case.

The Township objects to the request for attorney’s

fees associated with responding to the Township’s motion to

dismiss plaintiff’s original complaint. Plaintiff seeks 21.5

hours for this task. The Township’s motion to dismiss raised

the issue of ripeness, thus obligating plaintiff’s counsel to

research issues it had not previously addressed. On the other

hand, plaintiff’s brief consisted of only ten pages and included

at least a page and a half of block quotations. The court finds

that a 25% reduction in the number of hours billed to this task

is appropriate. Thus, the reasonable time plaintiff’s counsel

spent in responding to the Township’s motion to dismiss is 16.12

hours.

The Township asserts that plaintiff’s counsel recorded

excessive time drafting its amended complaint and responding to

the Township’s motion to dismiss the amended complaint.

Plaintiff seeks to recover fees for 11.49 and 16.08 hours for

each task respectively. The time plaintiff’s counsel spent

preparing the amended complaint is reasonable. The amended

complaint added to the suit a claim for disparate impact

liability under the FHAA as well as roughly twice as many

factual allegations as plaintiff’s original complaint. Although

the court ultimately did not rule on plaintiff’s theory of

disparate impact liability, the claim was closely related to its

successful disparate treatment claim. Likewise, the 16.08 hours

plaintiff’s attorneys expended in responding to the Township’s

motion to dismiss the amended complaint was reasonable

considering the new, complex issues raised in both its pleading

and the Township’s subsequent motion.

The Township challenges plaintiff’s request for

attorney’s fees for its preparation of certain discovery

requests and interrogatories. First, the Township argues that

the 14.74 hours plaintiff’s counsel spent in January 2021 on

drafting requests for admission is excessive. The requests

comprise nine pages with 27 requests and 25 related definitions.

The majority of the requests sought to authenticate documents

and establish basic background facts about the Township’s zoning

laws and the persons responsible for enforcing them. Few of the

definitions addressed terms specific to the case. Second, the

Township objects to six hours spent on January 10 and 11, 2022,

in which Amir prepared eight interrogatories and requests for

production of eight categories of documents. Third, the

Township objects to the 7.83 hours that Amir recorded on various

days in February 2022 on drafting a notice of deposition under

Rule 30(b)(6) of the Federal Rules of Civil Procedure. That

notice included approximately 60 subjects of inquiry as well as

31 definitions, although many definitions overlap with the

definitions listed in prior discovery requests.

It is true, as plaintiff notes, that drafting

interrogatories and discovery requests often involves

substantial review of documents and governing law, thus

necessitating more time beyond what it takes to draft the

finished product. On the other hand, it is apparent there was

substantial overlap in the work needed to produce the

interrogatories and requests. Accordingly, the court will

deduct 25% of the hours from these three tasks as excessive and

redundant. Thus, plaintiff may recover fees for 21.42 hours in

connection with these three discovery tasks.

The Township objects to fees for several tasks that

both Amir and Vilim completed on the ground that the fees are

duplicative. This includes the August 18, 2021 telephone

conference with the court and the November 23, 2021 remote

settlement conference before Magistrate Judge Hey as well as the

depositions of Robert Hart and Tiffany Loomis. The court will

overrule this objection. It was not redundant or excessive here

for two attorneys to participate in the telephone conference and

the depositions.

The Township next challenges the number of hours

plaintiff’s counsel spent working on two discovery motions.

First, the Township objects to the 16.67 hours that plaintiff

spent responding to the Township’s January 4, 2021 motion for

sanctions. The dispute arose from the Township’s request for

the mental health records of plaintiff’s prospective tenants.

As this request presented a genuine question on the scope of

discovery, plaintiff reasonably expended time and effort

justifying why the information was irrelevant and why it had not

produced the information so far. The court finds that the time

plaintiff’s counsel expended on this task was reasonable and not

excessive.

Second, the Township takes issue with the 17.67 hours

consumed for drafting plaintiff’s March 4, 2022 motion to

compel. That motion primarily sought historical information

dating back to 2014 on whether the Township had approved any

group homes under its zoning ordinance. This request reasonably

furthered plaintiff’s theory of disparate impact liability. The

motion also sought to enforce a request for production of the

minutes of the Township’s Board of Supervisors and Planning

Commission which recount the facts and circumstances around the

passage of the group home ordinance. However, the underlying

request for those minutes had never been properly served on the

Township. Ultimately the motion was denied without prejudice

following a productive telephone conference with the court in

which the Township agreed to produce all documents that

plaintiff sought. The court finds that the time plaintiff’s

counsel expended on the motion was reasonable to the extent it

sought the historical data concerning the Township’s approval of

zoning applications. The time plaintiff’s counsel spent

drafting the portion of the motion that addressed the Township’s

board minutes will be excluded as excessive. Accordingly, the

court will award fees for 12 hours recorded in drafting this

motion to compel.

The Township contends that the requested fees in

connection with plaintiff’s motion for summary judgment are

excessive. The court agrees with the Township that the 177

hours plaintiff’s counsel spent in reviewing documents for

plaintiff’s summary judgment motion and drafting the motion was

excessive.5 However, the motion relied on an extensive factual

record and addressed liability under two different theories of

the FHAA. The plaintiff ultimately prevailed. The court will

sustain the Township’s specific objection to fees for 4.5 hours

that Amir spent drafting the affidavit of Jeffrey Wilush in

connection with plaintiff’s motion for summary judgment as

excessive. The affidavit comprised only 22 paragraphs and many

of those paragraphs covered undisputed background information.

5. The parties dispute how much time was spent in reviewing

and preparing documents for plaintiff’s summary judgment motion.

The court has independently reviewed plaintiff’s counsel’s time

records and determined that 177 of the hours can be attributed

to preparing its summary judgment in total, including document

preparation, researching, and drafting the motion.

The court will reduce the number of reasonable hours for this

task to 2.5. The court will further reduce as excessive the

number of hours that plaintiff’s counsel reasonably expended in

drafting its motion for summary judgment by 20%. Thus, plaintiff

may recover fees for 140 hours in connection with all tasks

related to its motion for summary judgment.

The court will overrule the Township’s challenge to

the 62.17 hours plaintiff’s counsel recorded in responding to

the Township’s summary judgment motion. The Township raised new

defenses in its motion that it had not previously litigated

during the motion-to-dismiss stage. Plaintiff’s counsel was

required to research new legal issues and draft a responsive

statement of undisputed facts relevant to these issues. The

requested hours in connection with this task are reasonable.

The Township contests plaintiff’s request for 11 hours

Amir spent on various days in 2021 reviewing the deposition of

Patrick Wolodzko. Plaintiff notes that Amir had to review this

deposition for multiple purposes--in responding to the

Township’s motion for sanctions and in preparing another

witness’s deposition. However, the court agrees that this time

is excessive and redundant considering that the deposition

itself lasted no more than four hours. Accordingly, the court

will reduce the amount of time that can be recovered to five

hours.

Finally, the Township objects to the 20.03 hours that

plaintiff’s counsel expended in drafting its post-trial brief.

The brief spanned only ten pages and contained minimal reference

to trial testimony. On the other hand, plaintiff’s counsel was

required to respond to the argument of the Township, raised for

the first time in this lawsuit, that plaintiff lacked standing.

Balancing these two factors, the court finds that 16 hours was

an appropriate amount of time to prepare this brief. The court

will otherwise exclude as excessive the additional time that

plaintiff’s counsel recorded for this task.

To determine the lodestar, the court multiplies the

reasonable hours identified above6 with the reasonable rates of

Vilim and Amir as follows:

6. The court will also grant the various objections of the

Township to specific short tasks. First, the court will grant

the Township’s objection to one hour that Vilim spent reviewing

news reports related to the case, as he was already compensated

for this time through the court’s award of damages for

plaintiff’s legal fees. Second, the court will deduct as

excessive one hour from the 1.25 hours that Amir billed on

February 10, 2020, for drafting a subpoena. The document she

prepared was a simple form, and plaintiff’s counsel’s only

justification for the length of this task is that their

paralegal who usually prepares the form was out of the office on

the day it was prepared. Third, the Township objects to

plaintiff’s request for one hour that Amir spent on three

different dates in which she sent simple schedule-related

emails. The court will reduce the reasonable hours for these

tasks to .5 hours. Fourth, the court will reduce from one to

0.5 hours plaintiff’s request for fees associated with

plaintiff’s May 31, 2022 motion for an extension of time. The

motion was unopposed and comprised little substance. Fifth, the

Township has objected to the amount of time plaintiff’s counsel

Attorney Reasonable Hours Reasonable Rate Lodestar

Guy Vilim 158.96 $675 $107,298

Noreen Amir 462.71 $375 $173,516.25

Total: $280,814.25

VI

Finally, the court must decide whether to adjust the

lodestar downward if it is not reasonable in light of the

results obtained. Hensley, 461 U.S. at 436. A fee award may be

reduced if the lodestar would be excessive in light of the

prevailing party’s limited “degree of success obtained.” Id.

The Supreme Court has explained that there is no “precise rule

or formula” for a court to apply in deciding these issues and

that the court has “discretion in making this equitable

judgment.” Id. at 436–37. As such, the court has broad

discretion in deciding the appropriateness and the extent of a

downward adjustment. Id.; see also Pub. Int. Rsch. Grp. of

N.J., Inc. v. Windall, 51 F.3d 1179, 1185 (3d Cir. 1995).

As mentioned above, the Township asserts that

plaintiff’s fee award request should be reduced because

plaintiff ultimately recovered significantly less in damages

than it had initially sought. Plaintiff initially sought to

claimed for certain conferences with the court. Sixth, the

court’s minute entries reflect that the August 18, 2021

telephone conference lasted 15 minutes and the November 23, 2021

settlement conference lasted two hours. The court will deduct

the amount of claimed time in excess of these durations from

both attorneys’ lodestar.

recover $531,994.64 in damages arising from its mortgage and

related occupancy costs as well as administrative and allocated

costs. The court declined to award these damages. Instead, it

entered judgment in the amount of $29,943.91 to compensate

plaintiff for its legal fees in the local and state zoning

dispute. Plaintiff was precluded from seeking additional

damages because of its counsel’s failure to disclose to the

Township in a timely manner the documents necessary upon which

plaintiff intended to rely to prove these damages. In addition,

plaintiff’s claim for injunctive relief was rendered moot midway

through this action as a result of the state court’s ruling

ordering the Township to supply the use and occupancy

certificate for the property. Nonetheless, plaintiff secured a

favorable ruling on liability under the FHAA on an important

civil rights issue.

Plaintiff was only partially successful in this

lawsuit and a downward adjustment from the lodestar is

warranted. Weighing plaintiff’s success against its lack of

success, the court will award plaintiff 65% of the lodestar

amount, that is, $182,529.26 in attorney’s fees.

The Township does not object to the $2,572.79 in costs

that plaintiff seeks. Those costs, along with the $400 for the

Court’s filing fee, will be added with the adjusted lodestar and

awarded to plaintiff. Accordingly, the court will award to

plaintiff a total of $185,502.05.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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