UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

CHANDE CRAWLEY, PENNY CARSON, 

and LINDA BIRMINGHAM, on behalf of 

themselves and all others similarly situated, 

 Plaintiffs, Case No. 08-14040 

 Hon. Denise Page Hood 

v 

 

MAURA CORRIGAN, in her official 

capacity as Director of the Michigan 

Department of Human Services, 

and 

OLGA DAZZO, in her official 

capacity as Director of the Michigan 

Department of Community Health, 

 Defendants. 

_____________________________________/ 

ORDER FOR PAYMENT OF FEES AND COSTS 

This matter is before the Court on the Joint Motion for Approval of 

Attorneys’ Fees and Costs (‘‘Fees Settlement”). The Court has considered the 

Parties’ submissions, and any Objections filed by members of the class, and has 

been fully advised after adequate notice to the class. 

 The Court is satisfied that the Parties’ proposed settlement of $191,900 to be 

paid by Defendants to the Center for Civil Justice (“Class Counsel”) for fees and 

costs incurred through July 28, 2011 (excluding certain fees for monitoring 

activities subsequent to June 30, 2011). The Court is further satisfied that the 

Parties’ proposal for payments to Class Counsel for time reasonably spent on 

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monitoring the Defendants’ implementation of the Final Order and Settlement 

Agreement in this case is reasonable insofar as it provides for periodic payments for 

time reasonably spent by attorneys Stangl and Doig at the rate of $300 per hour, 

other attorneys at the rate of $275, and paraprofessionals at the rate of $100 per 

hour. 

The settlement of $191,900 represents a reasonable and adequate payment 

for time reasonably spent and costs reasonably incurred by Class Counsel, at a 

reasonable rate. The rates to be paid for reasonable monitoring activities likewise 

are reasonable. 

This case involves enforcement of rights under the federal Medicaid statue 

and its enforcing regulations, an area of law known for its complexity. See, e.g. 

Michigan Dep’t of Social Serv. v. Sec’y of Health and Human Serv., 744 F.2d 32, 35 

(6th Cir. 1984) (quoting Schweiker v. Gray Panthers, 453 U.S. 34, 43 (1981)). The 

Court previously found the case “is legally, but not factually, complex.” It is fair to 

say that the case involves “novel or difficult questions” and required significant skill 

to identify and enforce Plaintiff’s legal rights, within the meaning of the second and 

third factors identified in Johnson v. Georgia Highway Express, Inc.

 The results obtained for the Plaintiff Class were significant, including 

prospective changes in state Medicaid policies and practices, changes to the state 

computer system for processing Medicaid eligibility, individual notice and 

opportunity to file claims for retroactive Medicaid coverage for prospective class 

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members, thousands of class members had Medicaid coverage reinstated or 

extended as the result of the outcome of the case. 

The attorneys of record, Stangl and Doig, are experienced in litigation of this 

nature, as reflected in their resumes. Each has more than 27 years’ experience 

representing low-income individuals in the enforcement of rights under federal 

governmental assistance programs. This case involved legally complex issues of 

federal Medicaid law and § 1983 jurisdiction, and the results achieved for the 

Plaintiff class were significant. Attorneys Stangl and Doig have documented more 

than 600 hours work reasonably spent on this case, together with more than 25 

hours of work by other attorneys and more than 130 hours spent by 

paraprofessionals. In addition, Class Counsel have documented reasonable costs of 

travel incurred in connection with this case. 

The proposed hourly rates are reasonable. This Court last awarded fees to 

Ms. Stangl and Ms. Doig at the rate of $240 per hour in 2008, for time spent from 

2003-2007 in the case of Schott v. Haveman, CV 96-75364, (Doc. 192 in Case 

2:960cv-75364-DPH). At the time the fees were being decided in Schott, the most 

recent Economics of Law Survey for Michigan was from 2003.1 In 2003, hourly 

rates for attorneys included: 

Downtown Detroit- Mean $238 75th percentile $306 95th percentile $440 

Statewide- Mean $177 75th percentile $200 95th percentile $295 

20-29 years practice- Mean $188 75th percentile $225 95th percentile $290. 

 

1 The Economics of Law Practice summaries of survey results are available online at 

http://www.michbar.org/opinions/content.cfm. 

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In 2010, the most recent Economics of Law Survey was conducted and the hourly 

rates for attorneys included: 

Downtown Detroit- Mean $255 75th percentile $375 95th percentile $525 

Statewide- Mean $236 75th percentile $278 95th percentile $425 

26-30 years’ practice- Mean $248 75th percentile $300 95th percentile $425.2

 

In addition, the attached analysis of hourly rates in Wayne County, from the 2010 

Survey results, shows for Civil Rights attorneys in Wayne County the mean rate is 

$292 an hour and the 75th percentile is $300 an hour; for Health and Hospital 

attorneys in Wayne County the mean rate is $286 an hour and the 75th percentile is 

$400 an hour (See Exhibit D). The 2007 Economics of Law Practice in Michigan is 

the most recent report on hourly rates for paralegals in Michigan, and it found the 

mean hourly billing rate was $106.50. 

 For the reasons stated above, 

IT IS HEREBY ORDERED: 

1. The Parties Joint Motion for Approval of Attorney Fees and Costs 

[Docket No. 50, filed July 18, 2011] is GRANTED. 

2. Defendants shall pay to the Center for Civil Justice the sum of 

$191,900 for attorneys’ fees and costs for the period 2007 through July 28, 2011, 

under 42 U.S.C. § 1988, excluding monitoring activities conducted on or after July 

1, 2011 (July 6, 2011 for attorney Stangl). Neither Plaintiffs nor Plaintiffs’ counsel 

will recover any additional fees, costs, expenses or expenditures of any kind from 

Defendants for this time period, except for monitoring activities conducted from 

 

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July 1, 2011 (July 6, 2011 for Stangl) through the date of this motion and 

Defendants are released from any such further payments. 

 2. Plaintiffs’ counsel may seek reimbursement from Defendants for their 

reasonable time and expenses in monitoring Defendants’ implementation of, and 

compliance with, the settlement. The settlement contemplated that such 

monitoring activities would continue as long as the Settlement Agreement remains 

in effect [i.e. until the Court makes a finding that Defendants have complied with 

the Order for 12 months’ subsequent to entry of the Final Order (Doc. 45, p. 4, 

incorporating Doc. 37-2)]. Plaintiffs’ counsel may periodically request 

reimbursement at the rates of $300/hour for Ms. Doig and Ms. Stangl, $275 for 

other attorneys’ time, and at $100/hour for paralegal/non-attorneys during the time 

the Settlement Agreement remains in effect. Defendants shall be responsible for 

reimbursement of time reasonably spent for monitoring Defendants’ 

implementation of, and compliance with, the settlement, at the stated rates, and the 

parties shall work in good faith to ensure reimbursement occurs without the need 

for further action by the Court. However, Class Counsel shall retain the right to 

move for an order for fees and costs if differences between the parties as to 

reimbursement, implementation, or compliance cannot be resolved. 

Dated: December 21, 2011 s/Denise Page Hood 

 DENISE PAGE HOOD 

 UNITED STATES DISTRICT JUDGE 

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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing document was mailed to the attorneys of 

record on this date, Wednesday, December 21, 2011, by electronic and/or ordinary 

mail. 

 s/Julie Owens 

 Case Manager, (313) 234-5160 

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