- 59 -
resulting success ratio (868.36/930.32) is 93.33 percent, which
we apply to the aforementioned lodestar to obtain the amount of
potentially compensable fees on fees with respect to the
Hongsermeiers’ fee request: $36,269.20.50
3. The PH Petitioners
a. 2001
Taking into account the $140 rate cap in effect for 2001,
the PH petitioners claim 112.15 hours at $140 per hour, 3.25
hours at $105 per hour, and 0.5 hours at $90 per hour. We begin
by allocating to 2001 a portion of the 130-hour “overstaffing”
reduction discussed above. Based on the Porter & Hedges time
entries, we estimate that 10 percent of the hours devoted to
tasks described in the “core” categories of the Ninth Circuit’s
Form 9, see supra Part III.C.1.b., are attributable to services
performed in 2001. Accordingly, we reduce the time claimed for
2001 by 13 hours (10% of 130 = 13). Since more than 96 percent
of the time claimed for 2001 falls into the $140 category, we
further allocate the entire 13-hour reduction to the $140 time.
Next, we apply the 50-percent reduction to Irvine’s 2001 time
deemed attributable to both the Minns dispute and the appeal. In
50 We note here that, even though petitioners did not
receive all the relief they requested on appeal, see supra note
42, we see no need to reduce their “merits fees” awards by
applying a success ratio. See Hensley v. Eckerhart, 461 U.S. at
435 & n.11 (where plaintiff obtains “excellent results”, fee
award will normally encompass all hours reasonably expended on
the litigation; fact that such plaintiff did not receive all the
relief requested is not necessarily significant).
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