On April 20, 1998, we issued a Final Decision
and Order (F. D. & O.)in this case awarding Complainant Wieb van der Meer compensatory
[Page 2]
damages and all costs and expenses, including attorney's fees reasonably incurred by him in
connection with this proceeding. F. D. & O. at 10. The Order required Complainant to submit a
petition for attorney's fees and expenses employing the lodestar method, which requires multiplying
the number of hours reasonably expended in pursuing the litigation by a reasonable hourly rate.
Hensley v. Eckerhart, 461 U.S. 424 (1983). Id. at 9-10.
Complainant's attorney, Zachary M. Kafoglis, has requested that his hourly
rate be set at $110, and submitted an affidavit from another local attorney in support of his request.
Claimant's Application for Attorney's Fees at 1. Respondent Western Kentucky University does not
dispute the requested hourly rate. Response to Claimant's Application at 1. We find the requested
rate to be reasonable.
Respondent objects to the billing by Complainant's attorney for a meeting with
a reporter on January 5, 1996. Id. We agree that without further explanation such a meeting
appears to be ancillary to the legal proceedings necessary to pursue the litigation in this case, and
we therefore reject the charge of $88.00 for that activity. There being no other objection by
Respondent to Complainant's petition for attorney's fees, our review of the application and
attachment finds them to be reasonable.
ORDER
Accordingly, Western Kentucky University is ordered to reimburse the
Complainant as follows:
1) Attorney's fees for Zachary M. Kafoglis of $16,214.00 (147.4 hours at
$110/hour).
2) Costs and expenses in the amount $2,508.03.
SO ORDERED.
KARL J.
SANDSTROM
Chair
PAUL
GREENBERG
Member
CYNTHIA L.
ATTWOOD
Acting
Member
[ENDNOTES]
1 The ERA was amended
by the Comprehensive Energy Policy Act of 1992, Pub.L. No. 102-486, 106 Stat 2776, effective October
24, 1992.