Khal Anshei Tallymawr Inc. v. Township of Toms River, et al.; Bais Brucha Inc., et al. v. Township of Toms River, et al.

CourtDistrict Court, D. New Jersey
DecidedOctober 15, 2025
Docket3:21-cv-02716
StatusUnknown

This text of Khal Anshei Tallymawr Inc. v. Township of Toms River, et al.; Bais Brucha Inc., et al. v. Township of Toms River, et al. (Khal Anshei Tallymawr Inc. v. Township of Toms River, et al.; Bais Brucha Inc., et al. v. Township of Toms River, et al.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Khal Anshei Tallymawr Inc. v. Township of Toms River, et al.; Bais Brucha Inc., et al. v. Township of Toms River, et al., (D.N.J. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

KHAL ANSHEI TALLYMAWR INC., Civil Action No. 21-2716 (RK) (JTQ)

Plaintiff,

v.

TOWNSHIP OF TOMS RIVER, ET AL.,

Defendants.

BAIS BRUCHA INC., et al., Civil Action No. 21-3239 (ZNQ) (JTQ)

Plaintiffs, MEMORANDUM OPINION AND ORDER v.

Plaintiffs seek to recover a total of $100,276.25 in attorneys’ fees for 192.52 hours of attorney time and 32.13 hours of paralegal time incurred in connection with Plaintiffs’ motions for sanctions.1 Here, the Court concludes that the amount Plaintiffs seek to recover exceeds what is reasonable. Therefore, while the Court

1 This amount excludes fees incurred for drafting and filing reply briefs in connection to the motion for sanctions as Plaintiffs were not permitted to file same. ECF No. 177 at 24. awards Plaintiffs certain fees they reasonably expended and supported, it declines to award the total quantum sought in the motion. I. BACKGROUND2 The two separate actions brought by Plaintiff Khal Anshei Tallymawr Inc.

(“Tallymawr Plaintiff”) and Plaintiffs Bais Brucha Inc. and Rabbi Mordechai Sekula (“Bais Brucha Plaintiffs”) (collectively, “Plaintiffs”) against defendants Township of Toms River, New Jersey, and Township of Toms River Zoning Board of Adjustment (collectively, “Defendants”) have been ongoing since 2021 with little forward movement. Case No. 3:21-cv-02716-RK-JTQ; Case No. 3:21-cv-03239-ZNQ-JTQ. On October 10, 2023, Plaintiffs filed a motion to compel Defendants to respond to

discovery, produce documents, provide a certification from Defendants’ third-party discovery provider, and serve Plaintiffs with a complete set of Defendants’ insurance policies. ECF No. 97-18 at 13-17 in 21-2716; ECF No. 109-17 at 13-17 in 21-3239. This motion was granted on May 20, 2024. ECF No. 134 in 21-2716; ECF No. 142 in 21-3239. On June 4, 2024, the Parties submitted a joint status report wherein Plaintiffs claimed that Defendants failed to comply with the May 20 Order. ECF No. 139 in 21-

2716; ECF No. 147 in 21-3239. On this basis, Plaintiffs sought leave to file a motion for sanctions (id.), which the Court denied on June 5, 2024. ECF No. 141 in 21-2716; ECF No. 149 in 21-3239. Plaintiffs sought leave to move for sanctions a second time

2 The Court has set forth the background of these matters at length in its previous decision (ECF No. 157) and therefore limits its discussion to the salient facts. (ECF Nos. 164 & 165 in 21-2716; ECF Nos. 174 & 175 in 21-3239), given the lack of progress. The Court granted Plaintiffs’ request on November 27, 2024 (ECF No. 168 in 21-2716; ECF No. 178 in 21- 3239).

On December 13, 2024, Plaintiffs filed their motions for sanctions. ECF No. 172 in 21-2716; ECF No. 182 in 21-3239. The motions were granted in part and denied in part. ECF No. 177 in 21-2716; ECF No. 187 in 21-3239. The Court denied Plaintiffs’ requests for the entry of default judgment but ordered that Defendants be held in contempt of court for their failure to produce items identified in the May 20 Order (some of which remains outstanding). Id. The Court also granted Plaintiffs leave to

file the appropriate fee application for fees incurred in connection with their motions for sanctions. Id. The instant applications followed. In their applications, Plaintiffs seek to recover over $100,000 in fees they claim to have incurred in connection with their sanctions motions. See generally ECF No. 198-1 in 21-2716; ECF No. 198-1 in 21-3239, Moving Brief (“Mov. Br.”).3 In opposition, Defendants highlight that Plaintiffs’ motions contain incomplete billing records and they dispute the reasonableness of Plaintiffs’ counsel’s hourly rate, as well as the

amount of time billed. ECF No. 197 in 21-2716; ECF No. 197, Opposition Brief (“Opp. Br.”). Defendants also contend that Plaintiffs’ billing records are unreasonable, duplicative, contain improper block billing, and suffer from other industry standards. ECF No. 204 in 21-2716; ECF No. 213 in 21-3239, Supplemental Opposition Brief

3 Plaintiffs note that due to the significant overlap in Civil Action Nos. 21-2716 and 21-3239, Plaintiffs submit a single memorandum in support of the motions for attorneys’ fees. Mov. Br. at 8 n.1. (“Suppl. Opp. Br.”). On July 30, 2025, Plaintiffs filed a reply brief in further support of the reasonableness of their fees. ECF No. 206 in 21-2716; ECF No. 215 in 21-3239, Reply Brief (“Reply Br.”).

II. LEGAL STANDARD When considering whether a fee request is reasonable, courts calculate a lodestar, which is the “number of hours expended on the litigation multiplied by a reasonable hourly rate.” Baymont Franchise Sys., Inc. v. Bernstein Co., LLC, 2024 WL 2318934, at *1 (D.N.J. May 22, 2024). The fee application must be specific enough for a court to determine whether the time expended was reasonable for the task

performed. Id. (citing Washington v. Phila. Cty. Court of Common Pleas, 89 F.3d 1031, 1037 (3d Cir. 1996)). Computer generated time summaries that include the dates of the activities “are sufficiently specific.” Id. With respect to the hourly rate, a court looks to the “reasonableness of the hourly rate . . . in comparison to rates for similar services by lawyers of reasonably comparable skill, experience, and reputation in the community.” DNB Food Distributors, LLC v. Ideal Wholesale Grocers, 2023 WL 11852435, at *1 (D.N.J. Sept. 5, 2023) (alteration in original, internal quotations

omitted). III. ANALYSIS For the reasons set forth herein, the Court finds that both Plaintiffs’ counsel’s hourly rates and the number of hours billed require adjustment. A. Reasonable Hourly Rate “The party seeking attorney’s fees has the burden to prove that its request for attorney’s fees is reasonable.” Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d Cir.

1990). “To meet its burden the fee petitioner must ‘submit evidence supporting the hours worked and rates claimed.’” Id. (quoting Hensley v. Eckerhart, 461 U.S. 424, 433 (1983)). Here, the evidence Plaintiffs submit in support of their motion includes five declarations of counsel and six exhibits4 of time sheets for the hours billed on Plaintiffs’ motions. ECF Nos. 198-3 to -13. “Reasonable hourly rates are typically determined based on the market rate in

the attorney’s community for lawyers of similar expertise and experience.” Machado v. Law Offices of Jeffrey H. Ward, 2017 WL 2838458, at *2 (D.N.J. June 30, 2017) (citing Interfaith Cmty. Org. v. Honeywell Int’l, Inc., 426 F.3d 694, 712 (3d Cir. 2005)). “The starting point in determining a reasonable hourly rate is the attorney’s usual billing rate, but this is not dispositive.” Id. (quoting Public Int. Research Grp. of N.J., Inc. v. Windall, 51 F.3d 1179, 1185 (3d Cir. 1995)). Courts also consider whether the requested rates are “in line with those prevailing in the community for similar

services by lawyers of reasonably comparable skill, experience, and reputation.” Vukovich v. Haifa, Inc., 2007 WL 2596547, at *2 (D.N.J. Sept. 5, 2007).

4 The Court notes that the exhibits Plaintiffs initially attached to their motion were incomplete charts, which they contend resulted from “formatting errors [ ] unknown to Plaintiffs until they were identified by Defendants in their Oppositions.” ECF No. 198. Plaintiffs submit that the requested blended hourly rate of $5005 is warranted based on counsel’s experience and expertise. Mov. Br. at 7.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
Khal Anshei Tallymawr Inc. v. Township of Toms River, et al.; Bais Brucha Inc., et al. v. Township of Toms River, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/khal-anshei-tallymawr-inc-v-township-of-toms-river-et-al-bais-brucha-njd-2025.