Opinion
Civil No. 08-1292 (GAG).
July 21, 2008
OPINION AND ORDER
Plaintiffs in this IDEA case prevailed in the administrative forum. They now request $4,400.00 attorneys' fees and $364.49 in costs. See Docket No. 13. The court hereby grants their request. IDEA entitles plaintiffs, the prevailing parties, to attorneys' fees and costs. See 20 U.S.C. § 1415(i)(3)(B-C). The court approves the hourly rates plaintiffs' counsels seek. Additionally, the court notes that Local Rule 54 does not apply to plaintiffs' amended complaint, which they filed pursuant to the IDEA after a local administrative hearing. Finally, the court concludes that the following costs plaintiffs seek are incidental and not recoverable: $10.00 for faxes and $.99 for stamps. See Zayas v. Puerto Rico, 451 F. Supp. 2d 310, 319 (D.P.R. 2006) ("`Messenger services, faxes, telephone charges, postage, stamps, parking and Westlaw charges are all out-of-pocket expenses and, therefore, not recoverable.'") (quoting Ramos v. Davis Geck, Inc., 968 F. Supp. 765, 783 (D.P.R. 1997)).
The court hereby grants plaintiffs' amended complaint for attorneys' fees and costs. Plaintiffs are awarded $4,400.00 in attorneys' fees. Costs are taxed at a total of $353.50. Judgment shall enter accordingly.