UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

THE MONROE, MICHIGAN CENTER )

FOR INDEPENDENT LIVING; INC. et al.; ) Case No: 02CV73130DT

on behalf of themselves and all others )

similarly situated, )

)

Plaintiffs, ) Honorable: Paul D. Borman

)

v. )

) Magistrate Wallace Capel, Jr.

CITY OF MONROE, MICHIGAN )

)

Defendants. )

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Thomas R. Paxton, (P36214) J. Mark Finnegan (P68050)

Garan, Lucow, Miller, P.C. Denise M. Heberle (P64145)

1000 Woodbridge Street Heberle & Finnegan

Detroit, MI. 48207-3192 2580 Craig Rd.

(313) 446-1530 Ann Arbor, MI 48103

Attorneys for Defendants Attorneys for Plaintiffs

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ORDER GRANTING PLAINTIFFS’ MOTION AND AWARDING $40,981.03 IN FEES

AND COSTS

On December 5, 2005, this Court held a hearing on Plaintiffs’ request for an award

of fees and costs in the above captioned case. Previously, on July 19, 2004, Plaintiffs had

been awarded $85,000.00 in fees and costs for work expended from the inception of the

lawsuit through December 23, 2003. Plaintiffs are now seeking fees for certain categories

of work done after that date, specifically for work expended in having the class certified and

conducting the final fairness hearing pursuant to F.R.C.P. Rule 23, also for litigating a

contempt motion regarding Defendants’ allegedly installing 46 defective curb ramps during

the year 2003 resurfacing season, and finally for work in litigating this latest motion for fees

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and costs.

Defendants have fully contested Plaintiffs’ current motion for fees and costs. After

fully reviewing the pleadings submitted by the parties, and after conducting the hearing on

this matter on December 5, 2005, the Court makes the following award and Order.

Regarding Plaintiffs’ motion for contempt, Plaintiffs alleged that Defendants had built

46 defective curb ramps during year 2003 resurfacing, in violation of the Consent Decree

and Court Order entered on May 28, 2003. Defendants disputed this, alleging that the

ramps were legally built, and that it was not possible to build any of the 46 ramps in issue

to be any more accessible. After reviewing the briefs, and conducting hearings on the

matter, on January 13, 2005 the Court ordered Monroe to rebuild each of the 46 curb

ramps in question. Plaintiffs prevailed entirely on the allegations in their motion for

contempt. In addition, the class was certified, and the fairness hearing was successfully

concluded. Also, Plaintiffs have successfully sought an award of fees for time spent

litigating for fees. Thus, Plaintiffs are prevailing parties for purposes of these matters.

Plaintiffs seek an award of $225 per hour for attorneys J. Mark Finnegan and Denise

Heberle, and $80 for paralegal Megan Buffington. The Court found in its July 19, 2004

Order that these amounts were reasonable, given the skills and experience of these three

individuals, and I concur once again, for the reasons set out in that Order.

Plaintiffs submitted detailed invoices for all of the work, broken into tenths of an

hour, and sufficiently detailed for the Court to evaluate the reasonableness of the time

spent on each activity. Plaintiffs seek a total of 115.3 hours expended on litigating the

contempt motion regarding year 2003 resurfacing, the 46 defective curb ramps. The Court

awards this entire amount, which comes to $26,310.60, which includes $368.10 in costs.

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Plaintiffs also seek payment for a total of 29.3 hours of work spent on the fairness

hearing, class certification and related matters. The Court awards payment for this entire

amount, which comes to $6,632.03, which includes $39.53 in costs.

Plaintiffs also seek a total of 54.2 hours expended by paralegal Megan Buffington

in litigating these issues. The Court awards this entire amount, which comes to $4,832.25,

which includes $496.25 in costs.

Finally, Plaintiffs seek and the Court awards an additional $2,947.50 for time and

$258.65 in costs expended after the Court’s July 11, 2005 Order regarding additional class

notice, and in preparing for and conducting the hearing leading to today’s award of fees and

costs.

In sum, the Court Orders that withing thirty days of Entry of this Order, that

Defendants shall pay $4,832.25 to paralegal Megan Buffington, and $36,148.78 to Heberle

& Finnegan, PLLC.

So Ordered this 4th. day of January, 2006.

 s/ Wallace Capel, Jr. 

WALLACE CAPEL, JR.

UNITED STATES MAGISTRATE JUDGE

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