Case: Pesce v. Coppinger

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7325518 (Fee Status: Filing Fee paid), filed by Geoffrey Pesce. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Civil Category Sheet)(Frederickson, Robert) (Entered: 09/19/2018)

NOTICE of Appearance by Robert Frederickson, III on behalf of Geoffrey Pesce (Frederickson, Robert) (Entered: 09/19/2018)

NOTICE of Appearance by Michael Pickett on behalf of Geoffrey Pesce (Pickett, Michael) (Entered: 09/19/2018)

NOTICE of Appearance by Jenny Zhang on behalf of Geoffrey Pesce (Zhang, Jenny) (Entered: 09/19/2018)

NOTICE of Appearance by Jessie J. Rossman on behalf of Geoffrey Pesce (Rossman, Jessie) (Entered: 09/19/2018)

MOTION for Leave to Appear Pro Hac Vice for admission of Ira J. Levy Filing fee: $ 100, receipt number 0101-7325670 by Geoffrey Pesce. (Attachments: # 1 Exhibit A)(Frederickson, Robert) (Entered: 09/19/2018)

1 Exhibit A

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MOTION for Leave to Appear Pro Hac Vice for admission of Alexandra D. Valenti Filing fee: $ 100, receipt number 0101-7325689 by Geoffrey Pesce. (Attachments: # 1 Exhibit A)(Frederickson, Robert) (Entered: 09/19/2018)

ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 09/19/2018)

Summons Issued as to Kevin Coppinger, Aaron Eastman. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 09/19/2018)

NOTICE of Appearance by Matthew Segal on behalf of Geoffrey Pesce (Segal, Matthew) (Entered: 09/19/2018)

NOTICE of Appearance by Daniel L. McFadden on behalf of Geoffrey Pesce (McFadden, Daniel) (Entered: 09/19/2018)

MOTION for Temporary Restraining Order and Preliminary Injunction by Geoffrey Pesce. (Attachments: # 1 Exhibit A)(Frederickson, Robert) (Entered: 09/19/2018)

MEMORANDUM in Support re 12 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Geoffrey Pesce. (Frederickson, Robert) (Entered: 09/19/2018)

DECLARATION re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Geoffrey Pesce. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Frederickson, Robert) (Entered: 09/19/2018)

DECLARATION re 12 MOTION for Temporary Restraining Order and Preliminary Injunction of Geoffrey Pesce by Geoffrey Pesce. (Frederickson, Robert) (Entered: 09/19/2018)

DECLARATION re 12 MOTION for Temporary Restraining Order and Preliminary Injunction of Richard Pesce by Geoffrey Pesce. (Frederickson, Robert) (Entered: 09/19/2018)

DECLARATION re 12 MOTION for Temporary Restraining Order and Preliminary Injunction of Ruth A. Potee, M.D. by Geoffrey Pesce. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Frederickson, Robert) (Entered: 09/19/2018)

DECLARATION re 12 MOTION for Temporary Restraining Order and Preliminary Injunction of Richard N. Rosenthal, M.D. by Geoffrey Pesce. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37)(Frederickson, Robert) (Entered: 09/19/2018)

DECLARATION re 12 MOTION for Temporary Restraining Order and Preliminary Injunction of Shorta Yuasa, M.D. by Geoffrey Pesce. (Attachments: # 1 Exhibit 1)(Frederickson, Robert) (Entered: 09/19/2018)

Emergency MOTION to Expedite Briefing Schedule and Hearing by Geoffrey Pesce.(Frederickson, Robert) (Entered: 09/20/2018)

NOTICE by Geoffrey Pesce Regarding Service (Frederickson, Robert) (Entered: 09/20/2018)

SUMMONS Returned Executed Kevin Coppinger served on 9/19/2018, answer due 10/10/2018. (Frederickson, Robert) (Entered: 09/20/2018)

SUMMONS Returned Executed Aaron Eastman served on 9/19/2018, answer due 10/10/2018. (Frederickson, Robert) (Entered: 09/20/2018)

DECLARATION of Ashley Neree regarding Service upon the Attorney General of the Commonwealth of Massachusetts by Geoffrey Pesce. (Frederickson, Robert) (Entered: 09/20/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered re: 20 Motion to Expedite Briefing Schedule. The Court DENIES Plaintiff's emergency motion for expedited briefing and hearing tomorrow without prejudice. The Court is aware that Mr. Pesce's criminal matter has been "calendared" for September 24, 2018, D. 1 at 3, and that the defendants were not served with the papers in this matter until last night and this morning, respectively. D. 20 at 2. Given the Court's interest in giving full consideration to the arguments by both sides and in the absence of an explanation of why Mr. Pesce cannot seek a continuance of his September 24th criminal matter (or, given the pendency of this TRO, seek a stay of any sentence or self-surrender until the motion here is resolved, particularly when no guilty plea or sentence apparently has yet been entered), the Court ORDERS as follows. Counsel for Plaintiff shall promptly serve notice of this ORDER on counsel for Defendants and confer with them about a proposed briefing schedule and hearing date and file a proposal for same. Such filing shall also address what efforts, if any, have been made to continue the September 24th appearance and why they cannot now be made during the pendency of the Court's consideration of the TRO motion. Such filing shall be made by 8 a.m. tomorrow. (Hourihan, Lisa) (Entered: 09/20/2018)

NOTICE by Geoffrey Pesce in Response to the Court's September 20, 2018 Order (Attachments: # 1 Declaration of John J. Hanrahan, Esq., # 2 Declaration of Amy Sixt, Esq.)(Frederickson, Robert) (Entered: 09/21/2018)

MOTION by Kevin Coppinger, Aaron Eastman.(Pfaff, Stephen) (Entered: 09/21/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered. n light of the parties' respective filings about scheduling, the Court ORDERS as follows. The parties shall continue to confer about proposing a briefing and hearing schedule on Plaintiff's TRO and shall file a joint statement proposing same by COB on Wednesday, September 26, 2018. Such filing shall also give an update about the status of the scheduling of Plaintiff's pending criminal matters.(Hourihan, Lisa) (Entered: 09/21/2018)

NOTICE of Appearance by Stephen C. Pfaff on behalf of Kevin Coppinger, Aaron Eastman (Pfaff, Stephen) (Entered: 09/21/2018)

NOTICE by Geoffrey Pesce of Denial of Continuance in Probation Violation Matter (Attachments: # 1 Exhibit A)(Frederickson, Robert) (Entered: 09/21/2018)

NOTICE by Geoffrey Pesce of Continuances in Related Criminal and Probation Violation Matters (Attachments: # 1 Exhibit A)(Frederickson, Robert) (Entered: 09/24/2018)

JOINT STATEMENT of counsel Regarding Briefing and Hearing Schedule. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Frederickson, Robert) (Entered: 09/26/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered: D. 27 DENIED as moot in light of D. 28. (McKillop, Matthew) (Entered: 09/28/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the parties' respective positions regarding briefing in this matter, D. 32, the Court rules as follows: Defendants' response to the TRO, filed on September 19, 2018, D. 12, is now October 19, 2018. Any reply brief, not to exceed 10 pages, may be filed no later than October 26, 2018. A hearing on the motion shall be held on Monday, November 5th at 3 p.m. (McKillop, Matthew) (Entered: 09/28/2018)

ELECTRONIC NOTICE Setting Hearing on Motion 12 MOTION for Temporary Restraining Order and Preliminary Injunction : Motion Hearing set for 11/5/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (McKillop, Matthew) (Entered: 09/28/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 6, 7 Motions for Leave to Appear Pro Hac Vice Added Ira J. Levy, Alexandra D. Valenti. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) (Entered: 09/28/2018)

MOTION to Amend Scheduling Order by Kevin Coppinger, Aaron Eastman.(Pfaff, Stephen) (Entered: 10/16/2018)

Opposition re 37 MOTION to Amend Scheduling Order filed by Geoffrey Pesce. (Frederickson, Robert) (Entered: 10/16/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered denying 37 Motion to Amend Scheduling Order (Hourihan, Lisa) (Entered: 10/17/2018)

Opposition re 12 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kevin Coppinger, Aaron Eastman. (Pfaff, Stephen) (Entered: 10/19/2018)

MEMORANDUM in Opposition re 12 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kevin Coppinger, Aaron Eastman. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Affidavit, # 12 Affidavit, # 13 Affidavit, # 14 Affidavit, # 15 Affidavit, # 16 Affidavit)(Pfaff, Stephen) (Entered: 10/19/2018)

REPLY to Response to 12 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Geoffrey Pesce. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Frederickson, Robert) (Entered: 10/26/2018)

DECLARATION re 42 Reply to Response to Motion of Ross MacDonald, M.D. by Geoffrey Pesce. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Frederickson, Robert) (Entered: 10/26/2018)

DECLARATION re 42 Reply to Response to Motion of Alexander Yale Walley, MD, MSc by Geoffrey Pesce. (Attachments: # 1 Exhibit 1)(Frederickson, Robert) (Entered: 10/26/2018)

DECLARATION re 42 Reply to Response to Motion of Barry Ginsberg, MD by Geoffrey Pesce. (Frederickson, Robert) (Entered: 10/26/2018)

MOTION for Leave to Appear Pro Hac Vice for admission of Howard Sklamberg and Adam Axler Filing fee: $ 200, receipt number 0101-7394718 by Public Health Scholars.(MacDougall, Mark) (Main Document 46 replaced on 11/2/2018) (McKillop, Matthew). (Additional attachment(s) added on 11/2/2018: # 1 Affidavit of Howard Sklamberg, # 2 Affidavit of Adam Axler) (McKillop, Matthew). (Entered: 11/02/2018)

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Public Health Scholars. (Attachments: # 1 Text of Proposed Order)(MacDougall, Mark) (Main Document 47 replaced on 11/20/2018) (McKillop, Matthew). (Additional attachment(s) added on 11/20/2018: # 2 Proposed Brief) (McKillop, Matthew). (Entered: 11/02/2018)

ANSWER to 1 Complaint, with Jury Demand by Kevin Coppinger, Aaron Eastman.(Pfaff, Stephen) (Entered: 11/05/2018)

Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 11/5/2018 re 12 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Geoffrey Pesce. Arguments. Court takes under advisement 12 Motion for TRO. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Alexandra Valenti and Jessie Rossman for the plaintiff. Stephen Pfaff for the defendants.) (Hourihan, Lisa) (Entered: 11/05/2018)

Opposition re 47 MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed by Kevin Coppinger, Aaron Eastman. (Pfaff, Stephen) (Entered: 11/09/2018)

Transcript of Motion Hearing held on November 5, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/4/2018. Redacted Transcript Deadline set for 12/14/2018. Release of Transcript Restriction set for 2/11/2019. (Scalfani, Deborah) (Entered: 11/13/2018)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) (Entered: 11/13/2018)

First MOTION for Leave to File Amici Curiae Brief by Massachusetts Medical Society.(Goloskie, Joel) (Entered: 11/19/2018)

Opposition re 53 First MOTION for Leave to File Amici Curiae Brief filed by Kevin Coppinger, Aaron Eastman. (Pfaff, Stephen) (Entered: 11/20/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 47, D. 53 : Having considered motions filed by amici curiae, Public Health Scholars and Massachusetts Medical Society et al. for leave to file briefs in support of Plaintiff Mr. Pesce's motion for injunctive relief, D. 12, and Defendants' oppositions to the same, D. 50; D. 54, the Court ALLOWS the motions and has considered those amici briefs in connection with the resolution of the motion. (McKillop, Matthew) (Entered: 11/26/2018)

Judge Denise J. Casper: ORDER entered. Pesce's motion for preliminary injunction, D. 12 , is ALLOWED. The parties did not address the issue of security for the granting of such motion under Fed. R. Civ. P.65(c). Accordingly, the Court has no t set security with the issuance of this Order. Without taking a position as to whether a bond is necessary here, see Fairview Mach. & Tool Co., Inc. v. OakbrookIntern., Inc., 77 F. Supp. 2d 199, 205 (D. Mass. 1999) (noting that "t here is ample authority for the proposition that the provisions of Rule 65(c) are not mandatory and that a district court retains substantial discretion to dictate the terms of an injunction bond") (quoting Internatl Assoc. of Machinists and Aerospace Workers v. Eastern Airlines, Inc., 925 F.2d 6, 9 (1st Cir. 1991)), the Court will give Defendants until November 29, 2018, to make a filing, not to exceed five pages, 20 as to whether they believe security is warranted here and, if so, in what amount. The injunction will, however, be effective immediately. See Gillette Co. v. Norelco Consumer Prods. Co., 946F. Supp. 115, 140 (D. Mass. 1996). (McKillop, Matthew)

Judge Denise J. Casper: ORDER entered Granting Plaintiff's Motion for a Preliminary Injunction. (McKillop, Matthew) (Entered: 11/26/2018)

AMICUS BRIEF filed by Public Health Scholars in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. (MacDougall, Mark) (Entered: 11/26/2018)

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 46 Motion for Leave to Appear Pro Hac Vice Added Howard Sklamberg and Adam Axler. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) (Entered: 11/27/2018)

Joint MOTION to Stay Proceedings by Geoffrey Pesce.(Frederickson, Robert) (Entered: 04/12/2019)

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 60 Motion to Stay Proceedings (Hourihan, Lisa) (Entered: 04/25/2019)

Order on Motion to Stay

Joint MOTION for Extension of Time to July 11, 2019 to Extend Stay of Proceedings by Geoffrey Pesce.(Frederickson, Robert) (Entered: 06/11/2019)

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 62 Motion for Extension of Time to July 11, 2019 to Extend Stay of Proceedings (McKillop, Matthew) (Entered: 07/09/2019)

Order on Motion for Extension of Time

STATUS REPORT and Proposed Briefing Schedule (Joint) by Geoffrey Pesce. (Frederickson, Robert) (Entered: 07/11/2019)

ELECTRONIC ENDORSEMENT re 64 Status Report and Proposed Briefing Schedule filed by Geoffrey Pesce. APPROVED. Plaintiff is to file his fee petition (including all supporting briefing) on or before Monday, August 12, 2019; Defendants are to file any opposition to Plaintiff's fee petition on or before Thursday, September 12, 2019; and Plaintiff is to file any reply in support of his fee petition on or before Thursday, September 26, 2019. (Hourihan, Lisa) (Entered: 07/17/2019)

MOTION for Attorney Fees and Litigation Expenses by Geoffrey Pesce.(Frederickson, Robert) (Additional attachment(s) added on 8/13/2019: # 1 Certificate of Service) (McKillop, Matthew). (Entered: 08/12/2019)

1 Certificate of Service

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MEMORANDUM in Support re 66 MOTION for Attorney Fees and Litigation Expenses filed by Geoffrey Pesce. (Frederickson, Robert) (Entered: 08/12/2019)

AFFIDAVIT of Ira J. Levy in Support re 66 MOTION for Attorney Fees and Litigation Expenses filed by Geoffrey Pesce. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Frederickson, Robert) (Entered: 08/12/2019)

AFFIDAVIT of Matthew R. Segal in Support re 66 MOTION for Attorney Fees and Litigation Expenses filed by Geoffrey Pesce. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Frederickson, Robert) (Entered: 08/12/2019)

Assented to MOTION for Extension of Time to September 19, 2019 to File Opposition to Fee Petition by Kevin Coppinger, Aaron Eastman.(Pfaff, Stephen) (Entered: 09/11/2019)

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 70 Motion for Extension of Time to 9/19/19 to file response to Fee Petition. (Hourihan, Lisa) (Entered: 09/12/2019)

Order on Motion for Extension of Time

MOTION for Leave to File Excess Pages by Kevin Coppinger, Aaron Eastman.(Pfaff, Stephen) (Entered: 09/20/2019)

MEMORANDUM in Opposition re 66 MOTION for Attorney Fees and Litigation Expenses filed by Kevin Coppinger, Aaron Eastman. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Pfaff, Stephen) (Entered: 09/20/2019)

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 72 Motion for Leave to File Excess Pages (Hourihan, Lisa) (Entered: 09/23/2019)

Order on Motion for Leave to File Excess Pages

NOTICE of Withdrawal of Appearance by Jenny Zhang (Zhang, Jenny) (Entered: 09/30/2019)

REPLY to Response to 66 MOTION for Attorney Fees and Litigation Expenses filed by Geoffrey Pesce. (Frederickson, Robert) (Entered: 10/03/2019)

AFFIDAVIT in Support re 76 Reply to Response to Motion of Ira J. Levy in Support of Plaintiff's Reply In Further Support of Its Motion for Reasonable Attorneys Fees. (Attachments: # 1 Exhibit I, # 2 Exhibit J)(Levy, Ira) (Entered: 10/03/2019)

Judge Denise J. Casper: ELECTRONIC ORDER entered re: 66 Motion for Attorney Fees. Having considered the motion papers, D. 66-67, supporting affidavits from Plaintiff's co-counsel from Goodwin, D. 68, and ACLUM, D. 69, Defendants' opposition, D. 73 and the attachments thereto, and Plaintiff's reply, D. 76, 77, the Court ALLOWS the motion for attorneys' fees and costs to the extent explained here. Defendants do not dispute that Plaintiff was the prevailing party for the purposes of 42 U.S.C. § 1988(b) and the Court finds that Plaintiff was the prevailing party and that an award of attorneys' fees and costs is appropriate here. Id. § 1988(b); see Gay Officers v. Action League v. Puerto Rico, 247 F.3d 288, 293 (1st Cir. 2001). Defendants, however, question whether the attorneys' fees sought are reasonable in light of the nature of counsel's preparation of the case and the scope of the litigation and also take issue with the reasonableness of the attorneys' billing rates and the hours billed. When considering a fee award under § 1988(b), the Court ordinarily begins with the "lodestar," i.e., "the product of the number of hours appropriately worked times a reasonable hourly rate or rates." Hutchinson ex rel. Julien v. Patrick, 636 F.3d 1, 13 (1st Cir. 2011). Defendants challenge the hourly rates, arguing that Plaintiff has not shown that these rates are reasonable, D. 73 at 8-9. The fact that courts have awarded fees at lower hourly rates, id. at 8-10 (citing cases), does not make the fees sought here unreasonable. This is particularly true where the range of rates sought here, reflecting the range of experience of the attorneys, are not out of line with the awards in some other cases, see D. 76 at 8-9 (citing cases). Also, the Goodwin attorneys, whose attorneys' fees comprise the bulk of the award sought here, have already taken a 40% reduction of their usual hourly rates. D. 67 at 11-12. Moreover, the Court disagrees with Defendants in its characterization of this case as a single plaintiff employment cases litigated by a small firm, D. 73 at 10, to justify a substantial reduction in the billable rate. Although this was a single plaintiff case, it was one involving constitutional issues of broad concern to the treatment of drug addiction in correctional facilities. Although Defendants are correct that Plaintiff bears the burden of showing the reasonableness of the hourly rates sought, the Court concludes that Plaintiff has met that showing here given the nature of the work, the locality in which it was performed (Boston, a different legal market than Maine in the Smith cases) and the experience and relevant qualifications of counsel. See Hutchinson, 636 F.3d at 16. The Court also concludes that the number of hours sought here are reasonable. First, not all of the compensable hours have been charged as both law offices note, D. 67 at 2-3; D. 69 at 3. Second, the fees sought here are supported by the time records of the attorneys, D. 68 at 2; D. 69 at 7, and exhibits thereto, and indicate tasks necessary for the litigation which occurred on an expedited basis given the nature of the relief sought. Third, the entirety of the record does not suggest that the attorneys here did a "cut and paste" job to litigate and prevail in this case. This litigation, even in a short time, required substantial briefing beyond the complaint that Defendants compare to those filed in the Maine cases and an array of expert affidavits. Fourth, the challenges to the billing records do not merit the substantial reduction in the fee award that Defendants seek. Although Defendants claim that the bills reflect duplicative, excessive and vague billing and/or "block billing," D. 73 at 16, 19, 21-27, and 28, the Court does not agree that all of these challenges warrant any reduction. That multiple attorneys on a team might spend some time collaborating on the same task, particularly where as here, the time they spent on many of those matters differed, see, e.g., D. 73 at 16 (regarding consultation with experts) and there were different, but related tasks for the team to undertake to prevail (e.g., the engagement of different experts in support of the injunctive relief Plaintiff sought). As to Defendants' complaints about alleged "vague billing" and "block billing," (in which Defendants challenge some of the entries by both the Goodwin and ACLUM attorneys), the Court agrees that there could have been some further breakdown of tasks as to some of these entries and questions whether all of the hours of preparation by a single attorney for oral argument should have been billing, the substantial reduction of 50% that Defendants urge, D. 73 at 29, is not warranted. Accordingly, the Court will ALLOW Plaintiff's motion for attorneys' fees and costs, but shall reduce the attorneys' fees sought by 10% ($252,890-10% ($25,289)=$227,601). Accordingly, the Court awards Plaintiff attorneys' fees in the amount of $227,601 and costs (undisputed by Defendants) of $2,070. (Hourihan, Lisa) (Entered: 10/27/2020)

Order on Motion for Attorney Fees

MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED.R.CIV.P. 58(d) by Kevin Coppinger, Aaron Eastman.(Pfaff, Stephen) (Entered: 05/21/2021)

MOTION to Enforce Court's Order Awarding Plaintiff's Attorneys' Fees and Costs and Incorporated Memorandum of Law by Geoffrey Pesce.(Frederickson, Robert) (Entered: 05/21/2021)

DECLARATION re 80 MOTION to Enforce Court's Order Awarding Plaintiff's Attorneys' Fees and Costs and Incorporated Memorandum of Law by Geoffrey Pesce. (Valenti, Alexandra) (Entered: 05/21/2021)

Opposition re 79 MOTION FOR ENTRY OF JUDGMENT PURSUANT TO FED.R.CIV.P. 58(d) filed by Geoffrey Pesce. (Valenti, Alexandra) (Entered: 06/04/2021)

Judge Denise J. Casper: ELECTRONIC ORDER entered re 79 MOTION For Entry Of Judgment Pursuant To Fed.R.Civ.P. 58(d). ALLOWED. (Currie, Haley) (Entered: 07/08/2021)

Judge Denise J. Casper: ELECTRONIC ORDER entered re 80 MOTION to Enforce Court's Order Awarding Plaintiff's Attorneys' Fees and Costs and Incorporated Memorandum of Law. ALLOWED. (Currie, Haley) (Entered: 07/08/2021)

Judge Denise J. Casper: ORDER entered. JUDGMENT (Currie, Haley) (Entered: 07/08/2021)

Order on Motion for Miscellaneous Relief