Argus Leader Media v. Dep't of Agric., No. 11-4121, 2017 WL 3316050 (D.S.D. Aug. 3, 2017) (Schreier, J.)

Argus Leader Media v. Dep't of Agric., No. 11-4121, 2017 WL 3316050 (D.S.D. Aug. 3, 2017) (Schreier, J.)

Re:  Request for data concerning Supplemental Nutrition Assistance Program ("SNAP")

Disposition:  Granting plaintiff's motion for attorney fees and costs; awarding plaintiff $68,422.67

• Attorney Fees, Eligibility:  The court holds that "[t]he heart of [plaintiff's] request was the individual store redemption data, and this court has ruled that [plaintiff] is entitled to receive that data."  "Thus, [plaintiff] has substantially prevailed."
   
• Attorney Fees, Entitlement:  "[U]nder the circumstances of this case and after considering all four factors, the court finds that [plaintiff] is entitled to an award of attorney fees and costs."  First, the court finds that "[b]ecause the disclosure of the requested SNAP data could add 'significantly to the fund of information which citizens may use in making political choices,' this factor weighs in Argus's favor."  Second, the court finds that "[plaintiff] submitted its FOIA request to obtain information to share with the public."  "This factor also weighs in Argus’s favor."  Third, the court finds that "[plaintiff] is attempting to publish information for the public, not further its private interests."  "This factor also weighs in [plaintiff's] favor."  Fourth, the court finds that "[b]oth parties agree this factor weighs in favor of USDA."  "Neither party disputes that USDA had a 'reasonable basis in law' to withhold the documents."  "FOIA Exemptions 3 and 4 provided a reasonable legal basis to withhold the requested information."  "This factor weighs in USDA's favor."
   
• Attorney Fees, Calculations:  The court holds that, "[b]ased on the work completed by [plaintiff's attorney], the court finds that 300 hours is a reasonable amount of time spent on this litigation and excludes any time prior to the commencement of the litigation."  "Thus, the lodestar is $60,000."  "The court presumes the lodestar is reasonable."  Additionally, "[a]fter reviewing [plaintiff's] request, the court finds the following costs of litigation to be reasonable in the amounts requested by [plaintiff]: certified mailing, appellate brief and reply brief printing, . . . Hotel, video-conferencing fee, and the expert witness fees (excluding the $80 witness fees awarded under the bill of costs)."  "The court does not award the requested fee for Eighth Circuit admission."  "Attorney admission fees should be a prerequisite for any lawyer who is representing a client – and not a fee to be passed on to the client."