The Court is aware of attorneys' fee awards in similar cases in this community; it has been determined that the prevailing rate in this community in a similar case is $210 per hour for experienced attorneys and $80 per hour for paralegals. See Directv v. Cruz, 2006 WL 3386774 , *3 (N.D.N.Y. 2006). In light of these factors and the Court's own knowledge of the rates prevailing in the legal community, the Court finds that the rate in Cruz is the reasonable fee in the case at bar.
Recently, Courts in this district have held "that the reasonable hourly rates in this District, i.e., what a reasonable, paying client would be willing to pay, were $210 per hour for an experienced attorney, $150 per hour for an attorney with four or more years experience, $120 per hour for an attorney with less than four years experience, and $80 per hour for paralegals." Paramount Pictures Corp., 2008 WL 314541, at *5 (citing New Paltz Cent. Sch. Dist. v. St. Pierre, No. 1:02-CV-981, 2007 WL 655603, at *2 (N.D.N.Y. Feb. 26, 2007); see also Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 419 F.Supp.2d 206 (N.D.N.Y. 2005); Boyke v. Superior Credit Corp., No. 01-CV-0290, 2006 WL 3833544, at *10 (N.D.N.Y. Dec. 28, 2006) (citing DIRECTV, Inc. v. Cruz, No. 5:03-CV-644, 2006 WL 3386774, at *3 (N.D.N.Y. Nov. 21 2006)). Plaintiff's counsel has not demonstrated to the Court his level of experience. Nevertheless, the Commissioner offered to pay an average hourly rate of $166.48 for 2007 and $173.17 for 2008, amounts that are higher than the $150 amount that Courts in this District have found reasonable for attorneys with average experience.
Paramount Pictures Corp., 2008 WL 314541, at *5 (citing New Paltz Cent. Sch. Dist. v. St. Pierre, No. 1:02-CV-981, 2007 WL 655603, at *2 (N.D.N.Y. Feb. 26, 2007). See also Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 419 F.Supp.2d 206 (N.D.N.Y. 2005); Boyke v. Superior Credit Corp., No. 01-CV-0290, 2006 WL 3833544, at *10 (N.D.N.Y. Dec. 28, 2006) (citing DIRECTV, Inc. v. Cruz, No. 5:03-CV-644, 2006 WL 3386774, at *3 (N.D.N.Y. Nov. 21 2006)). Defendants oppose Picinich's application for attorney's fees on several grounds, which the court will address in turn.
In the Northern District of New York, as a general rule, the present hourly rate for work attributable to attorneys with significant experience and numerous years of practice is $210; the hourly rate for work attributable for attorneys with four or more years of experience is $175. DIRECTV, INC. v. Cruz, 2006 WL 3386774, *2, *3 (N.D.N.Y Nov. 21, 2006). After determining the reasonable hourly rates for each attorney, the Court must examine the hours expended by counsel to determine their reasonableness, excluding "excessive, redundant, or otherwise unnecessary" hours.