A federal judge has ordered that the Center for Independent Living be able to recover from the City of Williamsport any reasonable attorneys’ fees related to enforcement of a consent decree and related proceedings in the case between the parties.

This week, Chief U.S. Middle District Judge Matthew W. Brann released his order as part of the civil action brought under Title II of the Americans with Disabilities Act (ADA).

The parties previously entered into a consent decree approved by the court. The consent decree expressly provides that plaintiffs, as prevailing parties, are entitled to reasonable attorneys’ fees, litigation expenses, and costs for work performed related to this lawsuit and subsequent to the execution of the agreement, Brann stated.

The present enforcement proceedings arose from substantial allegations of noncompliance with the decree and resulted in extended post-judgment negotiations culminating in the parties joint motion, according to the order.

Plaintiffs submitted fee documentation for work performed during this post-judgement phase of the case.

CIL’s entitlement in principle to recover reasonable attorneys’ fees, litigation expenses, and costs for compensable post-judgment enforcement work is clear, Brann noted.

That entitlement arises both from the consent decree and from the ADA’s fee-shifting provision, he said.

To the extent the city contends that the plaintiffs are barred from recovering any fees at all for this phase of the litigation, that contention is without merit and is rejected, he wrote.

A procedural contention cannot be used to extinguish a fee entitlement recognized by both the consent decree and federal statute. Neither the consent decree nor the record before the court supports nullification of plaintiffs’ otherwise established right to recover reasonable post-judgment fees, expenses and costs.

The court further concludes that any dispute as to the amount should be addressed promptly in the first instance through good-faith negotiation, informed by plaintiffs’ existing submission and by any specific objections the city may assert.

Brann ordered:

• CIL’s motion to enforce the consent decree be granted and that plaintiffs are entitled to recover reasonable attorneys’ fees, litigation expenses and costs for compensable post-judgment work related to enforcement of the decree and related proceedings in the case.

• Within five days of the order, the city shall serve on plaintiffs a written response to their fee submission. Any challenge to the requested fees, expenses, or costs shall be stated with specificity.

• The parties also shall confer promptly and in good faith to attempt to resolve the amount to be paid.

• Within 10 days of the order, the parties shall file either a joint status report advising that the fee issue has been resolved, or separate status reports identifying with specificity any remaining disputes.

• If the parties are unable to resolve the fee issue after that process, the court will establish such further proceedings as may be necessary to determine the amount to be awarded.