United States District Court, N.D. Illinois, Eastern Division
KENNETH BAKER, BARBARA BAKER, CAMDEN BAKER, and A. B., Minor, by Parent BARBARA BAKER, Plaintiff,
TIMOTHY M. GHIDOTTI, BORIS JURKOVIC, RELIABLE RECOVERY SERVICES, INC., JEAN M. LINDGREN, JESUS VERA, STEVEN MARTIN, JUAN M. CABRALES, DENNIS P. WALSH, MICHAEL A. FLORES, UNKNOWN OFFICERS OF THE CHICAGO POLICE DEPARTMENT, and CITY OF CHICAGO, Defendants.
K. Dymkar Irene K. Dymkar Attorneys for Plaintiff:
Attorneys for Plaintiff: Irene K. Dymkar Daniel H.
Regenscheit Shamoyita M. DasGupta
PLAINTIFF'S FEE PETITION FOR JUDGMENT OF
APPELLATE AND POST-TRIAL ATTORNEY FEES
D. LEINENWEBER JUDGE.
Kenneth Baker, by and through his attorneys, Irene K. Dymkar,
Daniel H. Regenscheit, and Shamoyita M. DasGupta, hereby
petitions the Court for an order granting appellate and
post-trial attorneys' fees in the amount of $130, 501.50,
and submits the following memorandum in support thereof:
matter proceeded to jury trial and judgment was entered on
October 24, 2014. Doc. 216. Plaintiffs filed a petition for
attorneys' fees and costs, and the Court rendered its
memorandum opinion and order on April 24, 2015. Doc. 250.
Plaintiffs appealed said decision on attorneys' fees and
costs in a case entitled Baker v. Ghidotti, Seventh
Circuit 15-2203, and the Seventh Circuit rendered its
decision on June 1, 2017, remanding the case back to the
district court for further proceedings. Doc. 275 (certified
copy of opinion).
Agreed judgment for trial attorney fees
made all the necessary calculations and negotiated with
defense counsel an agreed judgment that includes the district
court's original fee judgment, the additional fees
awarded by the Seventh Circuit, and interest. The parties
filed a joint stipulation (Doc. 279), and the Court signed
the parties' proposed agreed order of judgment for trial
attorney fees in the amount of $184, 033.25. Doc. 283.
Fee petition for appellate and post-trial attorney
in this Circuit is very clear that when a party prevails in a
civil rights appeal as plaintiff did here, the prevailing
attorneys are entitled to recover their reasonable lodestar
for the services they provided. Plaintiff therefore asks the
Court to award the lodestar of $130, 501.50, as computed
Legal standard for adjudicating plaintiff's' fee
petition for appellate and post-trial legal work
in this district have acknowledged that “[a]s tempting
as it may be to say, ‘enough already'” to fee
petitions, a plaintiffs' successful appeal encourages
attorneys to pursue valid civil rights cases. Pickett v
Sheridan, 07 C 17222, Doc. 240 at 6 (N.D. Ill. Nov. 13,
2014) (Shah, J.).
cases of mixed judgment “plaintiffs may be considered
prevailing parties for attorney's fees purposes if they
succeed on any significant issue in litigation which achieves
some of the benefit the parties sought in bringing
suit.” Thorncreek Apartments I, LLC v. Vill. of
Park Forest,123 F.Supp.3d 1012, 1017 (N.D. Ill. 2015)
(Feinerman, J.), quoting Family PACv.
Ferguson, 745 F.3d 1261, 1268 (9th Cir. 2014); see
Wells v. City of Chicago, 925 F.Supp.2d 1036, ...