Dancy v. McGinley

141 F. Supp. 3d 231, 2015 U.S. Dist. LEXIS 150366, 2015 WL 6693326
CourtDistrict Court, S.D. New York
DecidedSeptember 21, 2015
DocketNo. 11cv7952 (LMS)
StatusPublished
Cited by26 cases

This text of 141 F. Supp. 3d 231 (Dancy v. McGinley) 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.

Bluebook
Dancy v. McGinley, 141 F. Supp. 3d 231, 2015 U.S. Dist. LEXIS 150366, 2015 WL 6693326 (S.D.N.Y. 2015).

Opinion

DECISION & ORDER

LISA MARGARET SMITH, United States Magistrate Judge.1

Following a judgment entered in his favor on December 15, 2014, Plaintiff Jayvon Elting moved for an award of reasonable attorneys’ • fees 'arid costs pursuant to 42 U.S.C. § 1988 ánd Rule 54(b)' of the Federal Rules of Civil Procedure. Pl.’s Mot., Jan. 16, 2015, ECF No. 101. Defendant Officer Gregg McGinley opposed the motion. Defs.’ Opp. Br., Aug. 10, 2015, ECF No. 170. For the reasons stated below, [233]*233Plaintiffs motion is granted to the extent set forth herein.

BACKGROUND

Plaintiff Jayvon Elting commenced this action on November 7,. 20,11, asserting claims for false arrest, excessive force, and malicious prosecution against Defendant Officer Gregg McGinley. Compl. ¶¶ 31-32, Nov. 7, 201Í, ECF No. 1.2 Elting’s claims were asserted pursuant to 42 U.S.C. § 1983 in the context of the Fourth Amendment guarantee of freedom from unreasonable seizures.

Thereafter, Officer McGinley answered the Complaint, generally denying all allegations of wrongdoing. Answer, Dec. 28, 2011, ECF No. 5. Elting’s claims stemmed from an incident on October 2, 2009, during which Officer McGinley arrested Elt-ing, and thereafter charged Elting with obstructing governmental administration in the second degree (New York Penal Law (“Penal Law”) § 195.05), resisting arrest (Penal Law § 205.30), and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03).

On June 5, 2014, the Court denied Officer McGinley’s motion for summary judgment on Elting’s claims for false arrest, excessive force, and malicious prosecution. Decision & Order, June 5, 2014, ECF No. 51. A jury trial was scheduled to commence on September 15, 2014. Minute Entry, June 18, 2014. Thereafter, the parties notified the Court that the .parties had reached a verbal settlement agreement. Notice of Settlement, Aug. 20, 2014, ECF No. 60. On August 26, 2014, the Court entered an Order of Discontinuance subject to reopening should a settlement not be concluded within forty-five (45) days of the date of the. Order. Order, Aug. 26, 2014, ECF.No. 61. Elting’s counsel notified the Court on September 18, 2014, that a settlement could not be' finalized. PL’s Letter Mot., Sept. 18, 2014, ECF No. 62. On December 1, 2014, the Court granted Elting’s' motion to reopen the matter and scheduled a jury trial to commence. Order, Sept. 19, 2014, ECF No. 69; Minute Entry, Oct. 1, 2014. Ón November 21, 2014, the Court’ so ordered the parties’ stipulation to discontinue Elting’s malicious prosecution, claim against Officer McGinley. , Partial Stipulation & Order, Nov. 21, 2014, ECF No. 87.

The jury trial lasted from December 1, 2014, until December 9; 2014. After the close Of evidence on December 4, 2014, the Court as a matter of law granted Elting’s Federal Rule of Civil Procedure Rule 50 motion, finding Officer McGinley liable for Eltihg’s' false arrest claim, and granted Elting’s Rule 50 motion as to the first two elements (color of state law and deprivation of a federal right) of Elting’s éxcessive force claim. On December 9, 2014, the jury reached a verdict in favor of Elting, awarding him $115,000 for compensatory damages on the false arrest claim, and reached a verdict in favor of Elting on the third element .(proximate cause) of, his excessive force claim, awarding, him $100,000 for compensatory damages for his claim of excessive force. Judgment, signed on Dec. 11, 2014, entered on Dec. 15, 2014, ECF No. 92.

[234]*234By letter dated January 9, 2015, Elting requested an extension of time to file a motion for an award of reasonable attorneys’ fees and costs. PL’s Letter, Jan. 9.2015, ECF No. 93. This request was granted. Memo Endorsement, Jan. 12, 2015, ECF No. 98.

On January 12, 2015, Officer McGinley moved for a remittitur of the damages awarded to Elting on his claims of false arrest and excessive force or, in the alternative, a new trial on damages pursuant to Federal Rules of Civil Procedure Rule 59. Mot. to Set Aside Verdict, Jan. 12, 2015, ECF No. 95; Mot. to Set Aside Verdict Corrected, Feb. 11, 2015, ECF No. 134. Officer McGinley also appealed the judgment in favor of Elting to the Second Circuit on January 14, 2015. Notice of Appeal, Jan. 14, 2015, ECF No. 99.

On January 16, 2015, Elting filed his motion for an award of reasonable attorneys’ fees and costs. See PL’s Mot., Jan. 16, 2015; Watkins Affirm., Jan. 16, ECF No. 102; Whateley Affirm., Jan. 16, 2015, ECF No. 103; PL’s Mem. L., Jan. 16,2015, ECF No. 104. On January 30, 2015, Officer McGinley requested an extension of time to respond to Elting’s motion. Def.’s Letter Motion, Jan. 30, 2015, ECF No. 121. Officer McGinley’s request was granted. Order, Jan. 30, 2015, ECF No. 124. Officer McGinley subsequently requested that his time to respond be held in abeyance pending the Court’s determination of his motion for a remittitur or a new trial. Def.’s Letter Motion, March 2, 2015, ECF No. 141. Elting consented to that request. PL’s Letter, Mar. 3, 2015, ECF No. 141. On March 5, 2015, the Court granted Officer McGinley’s request. Memo Endorsement, Mar. 5, 2015, ECF No. 144.

By Decision & Order dated May 11, 2015, the Court denied Officer McGinley’s motion for a remittitur as to the damages awarded for Elting’s false arrest claim, but granted the motion as to the damages awarded for Elting’s excessive force claim. Decision & Order, May 11, 2015, ECF No. 153. Elting accepted a reduced damage award of $81,500 for his excessive force claim. Notice of Acceptance of Reduced Damages Award, May 11, 2015, ECF No. 154. On June 9, 2015, Officer McGinley appealed the Court’s May 11, 2015, Decision & Order. Notice of Appeal, June 9, 2015, ECF No. 160.

On May 12, 2015, Elting supplemented his motion for an award of reasonable attorneys’ fees and costs to account for counsel’s time spent on opposing Officer McGinley’s motion for a remittitur or a new trial. Bergstein Affirm., May 12, 2015, ECF No. 155; Watkins Supp. Affirm., May 12, 2015, ECF No. 156. On August 10, 2015, Officer McGinley opposed Elting’s motion for attorneys’ fees and costs. Def.’s Opp. Br., Aug. 10, 2015, ECF No. 170. Elting filed a reply, and sought a further award of reasonable attorneys’ fees to account for the time his counsel spent preparing the reply affirmation and memorandum of law. PL’s Reply Mem. L., Aug. 20, 2015, ECF No. 171; Watkins Reply Affirm., Aug. 20, 2015, ECF No. 172.

DISCUSSION

Elting seeks a total of $171,225 in reasonable attorneys’ fees3 and $1,756.78 in [235]*235costs. As provided in 42 U.S.C. § 1988, “[i]n any action or proceeding to enforce a provision of section[ ] ... 1983 ... of this title ... the court, in its discretion, may allow the prevailing party ...

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141 F. Supp. 3d 231, 2015 U.S. Dist. LEXIS 150366, 2015 WL 6693326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dancy-v-mcginley-nysd-2015.