Costa v. Sears Home Improvement Products, Inc.

212 F. Supp. 3d 412, 2016 U.S. Dist. LEXIS 129698, 2016 WL 5266524
District Court, W.D. New York·Decided September 22, 2016·No. 6:12-CV-6235 EAW·Published·Cited by 14 cases

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

This case involved a hotly-contested dispute as to whether the plaintiff, Christina Costa, was unlawfully retaliated against by her former employer in violation of Title VII. After discovery and dispositive motion practice, a jury trial commenced in October 2015. Before the jury rendered a final verdict, the parties resolved the underlying substantive aspect of Plaintiffs claim, but as in many of these cases, the sticking point with the settlement was the amount of attorneys’ fees and costs that should be paid to Plaintiffs attorneys. The parties agreed to leave that issue for resolution by the Court, and what ensued was even further litigation between the parties. Plaintiffs counsel seeks a total of $785,652.75 in attorneys’ fees, and $31,892.96 in costs and disbursements, all in the total amount of $817,545.71. Defendants oppose the application, arguing that at best, Plaintiffs counsel should recover only around $200,000.

For the reasons set forth below, the Court determines that Plaintiffs attorneys are entitled to recover $406,163.15 as the reasonable attorneys’ fees incurred in pursuing this matter, and costs and disbursements of $20,174.76, for a total award of $426,337.91.

FACTUAL AND PROCEDURAL BACKGROUND

On April 30, 2012, Plaintiff Christina Costa (“Plaintiff’) commenced this action alleging unlawful retaliation against Defendants Sears Home Improvement Products, Inc., and Sears Holdings Corporation (collectively “Defendants”) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”). (Dkt. 1). Plaintiff alleged Defendants terminated her employment in retaliation for her participation in various protected activities. (Id.). When she commenced this litigation, Plaintiff was represented solely by the La-Duca Law Firm LLP. (Id.).

After Defendants filed an answer, an initial scheduling order was entered on [415] August 9, 2012, requiring the completion of all discovery by September 20, 2013. (Dkt. 11). That scheduling order was amended on August 9, 2013, extending the fact discovery deadline to September 16, 2013, and leaving all other deadlines in place. (Dkt. 16).

On December 31, 2013, Defendants moved for summary judgment. (Dkt. 18). Shortly thereafter, Michael R. Law, Esq., of the law firm Phillips Lytle LLP, filed a notice of appearance as co-counsel on behalf of Plaintiff. (Dkt. 20). On February 17, 2014, Plaintiff filed papers in opposition to the summary judgment motion (Dkt. 22), and she also filed a motion for sanctions and a motion to compel (Dkt. 23).

At this point, the case was transferred to the undersigned. (Dkt. 25).

On March 21, 2014, Defendants filed papers in opposition to the sanctions motion and motion to compel (Dkt. 28; Dkt. 32; Dkt. 34), wherein they also requested the imposition of Rule 11 sanctions against Plaintiff. On that same date, Defendants filed reply papers in further support of their summary judgment motion. (Dkt. 29-30). On April 11, 2014, Plaintiff filed reply papers in further support of her motion to compel and motion for sanctions. (Dkt. 37).

Oral argument on the pending motions was held before the undersigned on May 14, 2014. (Dkt. 38). Appearing on behalf of Plaintiff at that motion argument were Mr. Law and Mr. LaDuca, while Jacqueline Phipps Polito, Esq., and Pamela SC Reynolds, Esq., appeared from the Littler Men-delson, P.C. firm on behalf of Defendants. (Id.). The Court reserved decision after the oral argument, which lasted approximately one hour.

On December 15, 2014, the undersigned issued a Decision and Order denying all of the pending motions, including the summary judgment motion. (Dkt. 39). The Court referred the matter for mediation, which was unsuccessful (Dkt. 43-^14), and at the same time scheduled a date for a jury trial. (Dkt. 42). That jury trial was subsequently adjourned due to the Court’s conflicting criminal calendar, and a jury trial was scheduled to commence on October 16, 2015, with the final pretrial conference scheduled for October 5, 2015. (Dkt. 48-49).

Both parties filed numerous pretrial documents and motions in advance of the trial date. (See, e.g., Dkt. 51-87). Among other issues raised were the following:

(1) Plaintiffs motion in limine to preclude Defendants from offering evidence regarding the ultimate disposition of a prior discrimination complaint against Defendants by Plaintiffs former co-worker, Michelle Kielbasinski (Dkt. 56);
(2) Plaintiffs motion in limine to preclude Defendants from offering evidence or testimony concerning Plaintiffs alleged tardiness (the reason presented by Defendants for terminating Plaintiffs employment) prior to January 28, 2010 (id.);
(3) Plaintiffs motion in limine seeking to preclude any mention to the jury of compensatory and punitive damages limitations (id.);
(4) Plaintiffs motion in limine to preclude two emails (id.);
(5) Defendants’ motion in limine to exclude evidence of alleged discrimination or retaliation against Kielbasin-ski (Dkt. 60);
(6) Defendants’ motion in limine to exclude evidence of other lawsuits filed against Defendants (id.);
(7) Defendants’ motion in limine to exclude evidence of alleged disparate treatment of Plaintiffs co-worker, Maria Paris (Dkt. 62);
(8) Defendants’ motion in limine to exclude all stray remarks or other hearsay testimony (Dkt. 63);
[416] (9) Defendants’ motion in limine to exclude and/or limit evidence of damages (Dkt. 64);
(10) Defendants’ motion in limine to exclude all evidentiary references that Plaintiffs performance plan for improvement was retaliatory and to limit Plaintiff to the factual allegations contained in her complaint (Dkt. 66);
(11) Defendants’ motion in limine to exclude lay witness testimony regarding Plaintiffs alleged emotional injuries (Dkt. 72);
(12) Plaintiffs motion to submit questions concerning front and back pay to the jury for advisory findings pursuant to Fed. R. Civ. P. 39(c)(1) (Dkt. 76); and,
(13) Defendants’ motion to quash a subpoena issued by Plaintiff (Dkt. 95).

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Costa v. Sears Home Improvement Products, Inc., 212 F. Supp. 3d 412, 2016 U.S. Dist. LEXIS 129698, 2016 WL 5266524 (W.D.N.Y. 2016).

212 F. Supp. 3d 412 (Costa v. Sears Home Improvement Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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