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| Distler v Distler, 26 F.Supp.2d
723 (D. New Jersey, 1998)
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|
In Distler v Distler, 26 F.Supp.2d 723
(D. New Jersey, 1998) the Petitioner=
s attorney made an application for $9,562 in counsel fees and costs for
her attorney, Mr. Arenstein's firm, $2,560 in counsel fees for Shmuel
Moran, and $1,823 for petitioner in repayment for plane tickets, as
attorneys fees and costs under 42 U.S.C. 11607(b)(3) following
petitioner's successful petition before the Court for the return of her
children to the State of Israel under the Hague Convention on the Civil
Aspects of International Child Abduction. The court noted that ICARA
provides that any Court ordering the return of a child pursuant to an
action brought under section 4 shall order the respondent to pay the
necessary expense, incurred by or on behalf of the petitioner, including
court costs, legal fees, foster home or other care during the course of
the proceedings in the action, and transportation costs related to the
return of the child, unless the respondent establishes that such an
award would be clearly inappropriate. The District Court held that the
"lodestar" approach is the proper method for determining the amount of
reasonable attorneys' fees. Under this approach, the Court should
multiply the number of hours reasonably expended on the litigation by
the reasonable hourly rate. The reasonableness of the rates is a
function of the geographic area and the level of expertise of the
attorney. The number of hours may be cut due to duplication or padding.
The court found that Mr. Arenstein and his associate, Ms. Spector, were
very experienced in handling matters in this specialized field of
international child abduction. Given their level of expertise and the
general rates in New Jersey, it found that Mr. Arenstein's hourly rate
of $350 was reasonable and commensurate with the upper level of
litigation counsel in specialized matters in this federal court. The
hourly rate of $250 for Ms. Spector, was somewhat high for a fourth-year
associate and was reduced to $200. The Court ordered the respondent to
pay fees in the amount of $1,960 for 5.6 hours of work by Mr. Arenstein
at the rate of $350 an hour, $4,140 for 20.7 hours by Ms. Spector at
$200 per hour, and $560 for 5.6 hours that could be charged at the legal
assistant's rate. It also ordered respondent to repay petitioner the
$527.50 in reimbursable itemized expenditures associated with this case
as necessary costs. Petitioner also asked the Court for $2,560 in fees
that she already paid to Shmuel Moran, an Israeli attorney, for services
which he provided, who provided the Court with an affidavit listing the
services which he performed. In accordance with Grimer v. Grimer, No.
93-4086-DES, 1993 WL 545261 (D.Kan. Dec.8, 1993), the court found found
that the bulk of these fees are necessary legal expenses, under 42
U.S.C.11607(b)(3). Mr. Moran did more than just act as a consultant. He
acted as petitioner's legal counsel by giving her legal advice of her
rights under the Hague Convention, helping her retain counsel in the
United States, preparing a Legal Opinion, putting together affidavits
with petitioner's Israeli relatives and friends for potential use in the
case before this Court, and more. He also obtained, through the Israeli
Ministry of Justice, the request of Israel's "Central Authority" under
the Treaty for international judicial assistance to repatriate the
Distler children. As Mr. Moran performed legal services, petitioner is
entitled to reimbursement for his fees. However, as Mr. Moran also
performed services not germane to the case directly before the Court,
preparing work that may potentially go before an Israeli court in a
custody case, the court cut his stated fee by one third and required
respondent to reimburse only for Mr. Moran's legal services that were
necessary for the present case. It ordered the respondent to pay
petitioner $1,706.70 for legal services performed by Mr. Moran. The
court held that respondent should repay petitioner $1,239 for her own
plane ticket and $584 for the cost of changing the children's tickets so
that they could return with her as ordered by the Court. Under 42 U.S.C.
11607(b)(3), petitioner is entitled to transportation costs related to
returning the children to their habitual home. |
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