Opinion
CIVIL NO. Y-96-2219.
April 18, 2001
MEMORANDUM OPINION AND ORDER
On March 22, 2001, this Court granted the fee petition of relator Celeste B. Wiser, M.D., against defendants Geriatric Psychological Services, Inc., Timothy O'Shaughnessy, and Matthew Kline, as to liability and gave O'Shaughnessy and Kline an opportunity to challenge the amount requested. (Geriatric Psychological Services, Inc., is bankrupt and has been dissolved.)
This Court's order of March 22, 2001, addressed O'Shaughnessy's and Kline's argument that the relator's bills were incurred before they became part of the case, finding that on that issue, joint and several liability is appropriate under the False Claims Act. Neither O'Shaughnessy nor Kline has argued that the fees and costs awarded should be prorated according to such factors as ability to pay, relative culpability, or relative contribution to the settlement of this matter, as the Court noted in part in its March 22, 2001 Order. See United States ex rel. Poulton v. Anesthesia Assocs. of Burlington, Inc., 87 F. Supp.2d 351, 355 (D.Vt. 2000). Nor has either defendant challenged the rates billed or the reasonableness of the amount billed.
O'Shaughnessy challenges the relator's request for fees for work done by her attorneys in negotiating her percentage of the settlement, requesting relator's counsel to identify billing entries that concerned the size of the relator's bounty. In response, the relator has stipulated that defendants should not be liable for billing entries dated April 4, 1999, April 5, 1999, and April 12, 1999, totaling $302.50. O'Shaughnessy also noted a reference to "bounty status" in the March 19, 1999 entry. On its face this entry covered work related to bounty status as well as "client relation," and the relator has not otherwise explained it. Likewise, the Magid entry of March 30, 1999, is described as "review documents; conference with S. Bers re: fees and relator share." The Court will accordingly reduce relator's fees by $302.50, to which relator stipulated, an additional $110.00 for half the entry of March 19, 1999, and an additional $73 for one third of the entry for March 30, 1999. The total reduction based on negotiation over bounty status will thus be $485.50.
O'Shaughnessy argues that a time entry described as related to "retainer/contingency" suggests that relator's counsel may have already received a retainer. Relator replies that no retainer was ever paid. Accordingly the Court will not reduce the fees based on a retainer.
Finally, O'Shaughnessy argues that photocopying, postage, legal research, and other office costs, except filing fees, are not recoverable in fee-shifting cases. The authority O'Shaughnessy cites does not support the proposition, because in the cited case the opposing party stipulated to the reduction. Poulton, 87 F. Supp.2d at 358. Fees for legal research are part of attorney overhead, ordinarily recoverable as part of billing for attorneys' fees. O'Bryhim v. Reliance Standard Life Ins. Co., 997 F. Supp. 728, 737 (E.D.Va. 1998) (ERISA case); see also Buffington v. Baltimore County, 913 F.2d 113, 127 (4th Cir. 1990) (noting district court's allowance of attorney fees for legal research on Westlaw and Lexis) (civil rights case).
Accordingly, it is this ____ day of April, 2001, by the United States District Court for the District of Maryland,
ORDERED that:
1) Timothy O'Shaughnessy and Matthew Kline are jointly and severally liable for relator's attorneys' fees and costs in the total amount of $28,273.22; and
2) This case be closed upon the records of the Court.