Claud v. Brown Harris Stevens Residential Sales, LLC

CourtDistrict Court, E.D. New York
DecidedJanuary 23, 2024
Docket2:18-cv-01390
StatusUnknown

This text of Claud v. Brown Harris Stevens Residential Sales, LLC (Claud v. Brown Harris Stevens Residential Sales, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claud v. Brown Harris Stevens Residential Sales, LLC, (E.D.N.Y. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Shauncy Claud

MEMORANDUM & ORDER Plaintiff, No. 2:18-cv-01390 v.

Brown Harris Stevens of The Hamptons, LLC,

Defendant.

NINA R. MORRISON, United States District Judge:

Now pending before the Court is Plaintiff Shauncy Claud’s motion for attorney’s fees pursuant to 42 U.S.C. § 1988(b), in which she seeks a total award of $203,985.00 in fees and $6,067.69 in expenses. The Court has carefully considered Plaintiff’s motion and Defendant’s response. Plaintiff’s motion is GRANTED IN PART and DENIED IN PART. The Court awards Plaintiff $170,065.00 in attorney’s fees and $6,067.69 in expenses under 42 U.S.C. § 1988(b), for a total award of $176,132.69. FACTUAL AND PROCEDURAL BACKGROUND

The Court assumes the parties’ familiarity with the factual history and proceedings below, which are discussed at length in the Findings of Fact and Conclusions of Law, and recites them only as needed here. See Findings of Fact and Conclusions of Law (“FOCL”), ECF No. 67. Six years ago, Plaintiff Shauncy Claud (“Plaintiff”) brought this action pursuant to 42 U.S.C. § 1981 against her former employer, Brown Harris Stevens of the Hamptons (“Defendant”), a prominent real estate firm. See id. at 1. Plaintiff alleged that Defendant discriminated against her based on her race, and then unlawfully terminated her due to race discrimination and

in retaliation for voicing concerns about Defendant’s discriminatory conduct. See id. at 2; Order Granting in Part and Denying in Part Motion for Summary Judgment (“Summ. J. Order”), ECF No. 34 at 15. Defendant moved for summary judgment. See Def.’s Mot. for Summ. J., ECF No. 28. The Court granted Defendant’s motion as to Plaintiff’s claim that she was terminated based on racial discrimination, but denied summary judgment as to

Plaintiff’s claim that she was terminated in retaliation. See Summ. J. Order at 15– 20. After a three-day bench trial, Plaintiff prevailed on her retaliation claim and was awarded $587,896.68 in compensatory damages (including prejudgment interest) and $200,000 in punitive damages. See FOCL at 60. On July 12, 2023, Plaintiff moved for attorney’s fees and costs pursuant to 42 U.S.C. §1988(b). See Mot. for Att’y Fees and Costs, ECF No. 69 (hereinafter the

“Motion”). Plaintiff seeks $203,985 in attorney’s fees, and $6,067.69 in costs. Reply in Support of the Motion (“Reply”), ECF No. 72 at 2. Plaintiff calculated proposed fees by multiplying Plaintiff’s counsel’s hourly rate by counsel’s expended hours. Plaintiff proposes lower hourly rates for Plaintiff’s counsel for hours worked at the beginning of the representation in 2017 and a higher hourly rate for work performed as the litigation continued, presumably to account for counsel’s increased experience and impact of inflation, among other things. Plaintiff’s $203,985 proposed fee award is based on hourly rates for Plaintiff’s counsel as follows: between $650 and $800 per hour for principal G. Oliver Koppell; between $375 and

$600 per hour for senior associate Daniel F. Schreck; between $200 and $250 per hour for junior associate Denise Morris; $200 per hour for junior associates Adam B. Citron and Anne-Laure Perquel; and $100 per hour for law student Ian Engoron. See Decl. of Daniel F. Schreck in support of Mot. for Att’y Fees and Costs (“Pl.’s Decl.”), ECF No. 69-2 at 3–6. As reflected in a summary of time billed submitted in support of the Motion, Plaintiff specifically seeks fees based on the hourly rates and hours worked

reflected in the chart below.1 Name Total 1/1/2017 1/1/2018 6/1/2018 1/1/2021 1/1/2022 1/1/2023 Hours Rate x Rate x Rate x Rate x Rate x Rate x Hours Hours Hours Hours Hours Hours G. 45 $650 x $700 x $700 x $800 x Oliver 40.6 .6 .5 3.2 Koppel $26,390 $420 $350 $2560 Daniel 251.1 $375 x $450 x $600 x $600 x Schreck 104.6 10.5 12.4 123.6 $39,225 $4,725 $7,440 $74,160 Denise 116 $200 x $250 x Morris 8.9 107.1 $1,780 $26,775 Anne- 64.7 $200 x Laure 64.7 Perquel $12,940 Adam B. 19.2 $200 x Citron 19.2 $3,840

1 The dates reflected in the first row of the table indicate when each individual began billing at the rate specified therein. The Court also notes that this chart includes the additional hours claimed and documented in Plaintiff’s Reply Declaration at 1. Ian 33.8 $100 x Engoron 33.8 $3,380

In support of the Motion, Plaintiff submitted a declaration by counsel describing the qualifications and experience of each member of the legal team and the work they completed, contemporaneous time records, and documentation of expenses incurred. See Ex. Time Entries, ECF No. 69-3; Ex. Billing Summary, ECF No. 69-4; Ex. Expense Report, ECF No. 69-5; Ex. Dep. Tr. Receipts, ECF No. 69-6; Ex. Trial Tr. Receipts, ECF No. 69-8; Ex. Compl. Filing Receipt, ECF No. 69-8; Ex. Copy Invoice, ECF No. 69-9; Ex. Uber Receipts, ECF No. 69-10; Ex. Retainers, ECF No. 69-11. Defendant filed its response to Plaintiff’s Motion on August 9, 2023. See Mem. in Opp’n. (“Opp.”), ECF No. 71. Defendant argued that Plaintiff’s fee application should be adjusted to “remove[] hours expended prior to drafting of the complaint,” time spent on “matters for which plaintiff was not the prevailing party,” and that “the rates sought should be adjusted by a reduction of 45% under the ‘lodestar’ approach.” Id. at 5–6.

Plaintiff filed a reply in support of the Motion on August 14, 2023. In the Reply, Plaintiff updated her fee request to include time counsel spent preparing the Reply brief and provided billing records in support of the updated request. Reply at 1. On December 11, 2023, Plaintiff asked the Court to resolve the pending Motion so that judgment can be entered and collection efforts can begin. See Letter from Pl., ECF No. 73. LEGAL STANDARD

Pursuant to 42 U.S.C. § 1988(b), in a § 1981 action “the court has the discretion to award ‘reasonable’ attorney’s fees and costs to ‘the prevailing party.’” Anderson v. City of New York, 132 F. Supp. 2d 239, 241 (S.D.N.Y. 2001) (quoting 42 U.S.C. § 1988(b)). Indeed, awarding a prevailing party attorney’s fees is consistent with the “general purpose of fee-shifting statutes such as § 1988(b),” which is to “permit plaintiffs with valid claims to attract effective legal representation and thereby to encourage private enforcement of civil rights statutes, to the benefit of the public as

a whole.” Green v. Torres, 361 F.3d 96, 100 (2d Cir. 2004) (citation and quotation marks omitted). See also Quarantino v. Tiffany & Co., 166 F.3d 422, 426 (2d Cir. 1999) (“Congress enacted fee-shifting in civil rights litigation precisely because the expected monetary recovery in many cases was too small to attract effective legal representation.”). Courts in the Second Circuit use the “lodestar” method to assess the reasonableness of attorney’s fee applications. See Lawson ex rel. Torres v. City of New

York, No. 99-cv-10393, 2000 WL 1617014, at *1 (S.D.N.Y. Oct. 27, 2000).

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Claud v. Brown Harris Stevens Residential Sales, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claud-v-brown-harris-stevens-residential-sales-llc-nyed-2024.