Jerry and Patricia A. Dixon, et al. - Page 57

                                        - 57 -                                        
                    c.   Total                                                        
               The total amount of potentially compensable fees with                  
          respect to the Hongsermeiers’ fee request for work on the appeal            
          is $122,293.30 ($55,883.30 for 2001 and $66,410 for 2002).                  
                    2.   The Hongsermeiers–Work on the Fee Request                    
                    a.   2003 to 2005                                                 
               Taking into account the $150 rate cap in effect during the             
          years 2003 through 2005, the Hongsermeiers claim 177.85 hours at            
          $150 per hour, 92.75 hours at $125 per hour, 2.4 hours at $75 per           
          hour, and 2.65 hours at $50 per hour.  The resulting amount is              
          $38,583.75, determined as follows: [(177.85 X $150) + (92.75 X              
          $125) + (2.4 X $75) + (2.65 X $50)] = ($26,677.50 + $11,593.75 +            
          $180 + $132.50) = $38,583.75.                                               
                    b.   2006                                                         
               Taking into account the $160 rate cap in effect for 2006,              
          the Hongsermeiers claim 0.5 hours at $160 per hour, 0.9 hours at            
          $125 per hour, and 1.7 hours at $50 per hour.  The resulting                
          amount is $277.50, determined as follows: [(0.5 X $160) + (0.9 X            
          $125) + (1.7 X $50)] = ($80 + $112.50 + $85) = $277.50.                     
                    c.   Application of Limited Success Factor                        
               While the Hongsermeiers did not join in the PH petitioners’            
          unsuccessful fee request claims discussed in Part III.C.3.b.,               
          supra, that does not mean that Hensley’s limited success factor             
          has no application to their claim for fees on fees.  As Professor           
          Sisk observes: “Because ordinarily it is difficult to precisely             




Page:  Previous  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  Next

Last modified: May 25, 2011