Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona

188 F. Supp. 3d 333, 2016 U.S. Dist. LEXIS 69292, 2016 WL 3030253
CourtDistrict Court, S.D. New York
DecidedMay 25, 2016
DocketCase No. 07-CV-6304 (KMK)
StatusPublished
Cited by51 cases

This text of 188 F. Supp. 3d 333 (Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, 188 F. Supp. 3d 333, 2016 U.S. Dist. LEXIS 69292, 2016 WL 3030253 (S.D.N.Y. 2016).

Opinion

OPINION & ORDER

KENNETH M. KARAS, UNITED STATES DISTRICT JUDGE

In an Opinion & Order dated September 29, 2015 (the “Opinion”), the Court granted Plaintiffs’ Motion for Sanctions due to the spoliation of evidence by Defendants. (Dkt. No. 207.) Presently before the Court is Plaintiffs’ Motion for Attorneys’ Fees and Costs Due to Spoliation of Evidence (“Motion”), pursuant to Federal Rule of Civil Procedure 37. (Dkt. No. 213.) For the reasons explained herein, the Motion is granted in part and denied in part.

I. Background

Assuming the Parties’ familiarity with the background of this case, as discussed in the Opinion, the Court will briefly summarize only those facts most relevant to resolving the instant Motion.

In this Action, Plaintiffs challenge as unlawful certain zoning and environmental ordinances enacted by Defendant Village of Pomona. (See Dkt. No. 27.) Following discovery, on April 27, 2015, the Court held a pre-motion conference on Plaintiffs’ putative motion for sanctions for spoliation of evidence. (See Dkt. (minute entry for April, 27, 2015).) Pursuant to a Scheduling Order of the same date, (Dkt. No. 185), Plaintiffs filed their Motion for Sanctions and associated documents on June 3, 2015, (Dkt. Nos. 195-97). Plaintiffs requested that the Court sanction Defendants for destroying a Facebook post (the “Face-book Post”) written by Defendant Rita Louie (“Louie”) and related text messages between Defendant Brett Yagel and Louie, and for failing to produce “the non-destroyed portion of those texts,” which Plaintiffs alleged contained relevant evidence. (See Pis.’ Mem. of Law in Supp. of Pis.’ Mot. for Sanctions 2 (Dkt. No. 196).) Defendants filed their opposition papers on July 1, 2015, (Dkt. Nos. 200-04), and Plaintiffs filed their reply on July 15, 2015, (Dkt. No. 205).

In the Opinion, the Court found that “this [was] the rare case where bad faith, and a clear intent to deprive Plaintiffs of the evidence at issue, is sufficiently clear from the face of the record.” (Opinion & Order (“Opinion”) 38 (Dkt. No. 207).) Ac[337]*337cordingly, the Court imposed an adverse inference sanction and ordered that Defendants pay the attorneys’ fees and costs incurred by Plaintiffs in connection with their Motion for Sanctions. (See id. at 44-45.)

On October 29, 2015, Plaintiffs filed the instant Motion and supporting papers, seeking an order for attorneys’ fees and costs due and payable to Savad Churgin, Stepanovich Law, PLC, and Storzer & Greene, P.L.L.C. (Dkt. Nos. 213-19.) Defendants filed their opposition on November 16, 2015. (Dkt. No. 227.)

II. Discussion

A. Applicable Law

A district court has “considerable discretion” in determining what constitutes a reasonable fee award. Arbor Hill Concerned Citizens Neighborhood Ass’n v. Cty. of Albany, 522 F.3d 182, 190 (2d Cir.2008). The “presumptively reasonable fee” is “the lodestar—the product of a reasonable hourly rate and the reasonable number of hours required by' the case.” Millea v. Metro-N. R.R. Co., 658 F.3d 154, 166 (2d Cir.2011) (internal quotation marks omitted); see also Beastie Boys v. Monster Energy Co., 112 F.Supp.3d 31, 48 (S.D.N.Y.2015) (same). Ultimately, “[t]he presumptively reasonable fee boils down to what a reasonable, paying , client would be willing to pay, given that such a party wishes to spend the minimum necessary to litigate the case effectively.” Beastie Boys, 112 F.Supp.3d at 48 (some internal quotation marks omitted) (quoting Simmons v. N.Y.C. Transit Auth., 575 F.3d 170, 174 (2d Cir.2009)). In resolving what a reasonable client would pay, the Court must consider the “Johnson factors,” namely:

(1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the level of skill required to perform the legal service properly; (4) the preclusion of employment by the attorney due to acceptance of the case; (5) the attorney’s customary hourly rate; (6) whether the fee is fixed or contingent; (7) the time limitations imposed by the client or the circumstances; (8) the amount involved in the case and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the “undesirability” of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases.

Arbor Hill, 522 F.3d at 186 n. 3 (citing Johnson v. Ga. Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir.1974), abrogated on other grounds by Blanchard v. Bergeron, 489 U.S. 87, 109 S.Ct. 939, 103 L.Ed.2d 67 (1989)).

The party seeking attorney’s fees “bear[s] the burden of documenting the hours reasonably spent by counsel, and the reasonableness of the hourly rates claimed.” Beastie Boys, 112 F.Supp.3d at 48 (internal quotation marks omitted); see also Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) (explaining that the fee applicant must submit “evidence supporting the hours worked and rates claimed”). Courts are to exclude requested hours that are “excessive, redundant, or otherwise unnecessary.” Hensley, 461 U.S. at 434, 103 S.Ct. 1933; see also Palmer v. Cty. of Nassau, 977 F.Supp.2d 161, 170 (E.D.N.Y.2013) (same). Additionally, “[attorney’s fees must be reasonable in terms of the circumstances of the particular case.” Alderman v. Pan Am World Airways, 169 F.3d 99, 102 (2d Cir.1999). “There is no precise rule or formula for determining a proper attorney’s fees award; rather, the district court should exercise its equitable discretion in light of all relevant factors.” Beastie Boys, 112 F.Supp.3d at 48 (alteration and internal quotation marks omitted).

[338]*338B. Attorneys’ Fees

Plaintiffs seek $63,406.15 in attorneys’ fees incurred in connection with Defendants’ spoliation of evidence. (See Pis.’ Mem. of Law in Supp. of Pis.’ Mot. for Attorneys’ Fees and Costs (“Pis.’ Mem.”) 1 (Dkt. No. 214).)

1. Reasonableness of Hourly Rate'

A reasonable hourly rate is based on “the [current] prevailing market rate for lawyers in the district in which the ruling court sits.” Anthony v. Franklin First Fin., Ltd., 844 F.Supp.2d 504, 507 (S.D.N.Y.2012); see also McDonald ex rel. Prendergast v. Pension Plan of the NYSA-ILA Pension Tr. Fund, 450 F.3d 91, 96 (2d Cir.2006) (explaining that a .reasonable hourly rate is one in line with rates “prevailing ... in the community for similar services by lawyers of reasonably comparable skill, expertise[,] and reputation” (internal quotation marks omitted)). The “court may determine the reasonable hourly rate by relying both on its own knowledge of comparable rates charged by lawyers in the district” and “on evidence proffered by the parties.” Adorno v. Port Auth.,

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188 F. Supp. 3d 333, 2016 U.S. Dist. LEXIS 69292, 2016 WL 3030253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/congregation-rabbinical-college-of-tartikov-inc-v-village-of-pomona-nysd-2016.