Luciano v. Olsten Corp.

925 F. Supp. 956, 1996 U.S. Dist. LEXIS 6642, 73 Fair Empl. Prac. Cas. (BNA) 1441, 1996 WL 264985
District Court, E.D. New York·Decided May 14, 1996·No. CV 93-4953·Published·Cited by 23 cases

Opinion

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

In this gender discrimination in employment action, the plaintiff Mary Ann Luciano (the “plaintiff’ or “Luciano”), moves for an award of attorneys fees and costs, pursuant to § 42 U.S.C. 2000e-5(k). Familiarity with the procedural history and facts of this case as set forth in the Court’s prior decisions is presumed.

*961 DISCUSSION

A. Prevailing party

“The general ‘American Rule’ is that the prevailing party in federal court litigation is not entitled to recover legal fees incurred in the conduct of that litigation.” United States v. 110-118 Riverside Tenants Corp., 5 F.3d 645, 646 (2d Cir.1993) (citing Alyeska Pipeline Serv. Co. v. Wilderness Soc’y, 421 U.S. 240, 247, 95 S.Ct. 1612, 1616-17, 44 L.Ed.2d 141 (1975)). However, the statute governing employment discrimination actions provides:

In any action or proceeding under this subchapter the court, in its discretion may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person. 42 U.S.C. § 2000e-5(k); see also Fisher v. Vassar College, 70 F.3d 1420, 1453 (2d Cir.1995) (“only a ‘prevailing party’ may recover attorneys fees and costs in a civil rights action”).

On November 9, 1995, following a month-long trial, the jury returned a verdict in favor of Luciano and awarded her damages in the following amounts: compensatory damages of $150,714.00 for back pay including salary and bonuses, emotional distress damages in the sum of $11,400.00, other expenses in the sum of $17,713.00 and punitive damages in the sum of $5,000,002.00. In a Memorandum Decision dated January 27, 1996, as amended by the Court’s Order dated January 29, 1996, the Court (1) denied the defendants’ motion pursuant to Fed.R.CivJP. 50 for judgment as a matter of law or a new trial, finding that the verdict with regard to liability and damages was supported by the evidence; (2) denied the defendants’ motion to vacate the punitive damage award, but reduced the $5,000,002.00 sum to the statutory cap of $300,000.00, pursuant to 42 U.S.C. § 1981a(b)(3)(D); and (3) granted the plaintiffs motion for prejudgment interest. The verdict, which favored the plaintiff on all claims, clearly establishes that the defendants’ conduct with regard to the plaintiffs employment violated rights secured by Title VII and the New York Human Rights Law. Based on the favorable outcome that the plaintiff achieved on each cause of action, the Court finds that the plaintiff is a prevailing party in this action and is entitled to attorneys fees and costs. Accordingly, the Court will determine the appropriate award.

B. Calculation of attorney’s fees

The plaintiffs counsel sets forth the following figures in support of her claim for legal fees incurred in prosecuting the case to its favorable conclusion:

$325/hour = $245,472.50 Janice Goodman 755.30 hours

$175/hour = $231,334.25 Loren Gesinsky 1,321.91 hoims

$ 75/hour = $ 6,382.50 Jill Raymond 85.00 hours

$483,189.25 Total 2,162.21 hours

Affidavit of Janice Goodman in Support of Motion for Attorneys’ Fees, at 1 (as corrected, the requested compensation for Ms. Raymond would equal the sum of $6,375.00 and the total requested fees would equal the sum of $483,181.75).

Janice Goodman, Esq. is a partner in the law firm of Goodman & Zuchlewski. While this action was pending, Loren Gesinsky was an associate with the firm and Jill Raymond was a third year law student. In addition, the plaintiffs counsel also seeks an upward adjustment of the fees set forth above based on (1) her inability to perform work on other matters for two months prior to and during the trial; (2) the level of success achieved; (3)the contingency fee arrangement and (4) the “undesirability” of the case. See Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir.1974).

The amount of an award of attorney’s fees in a civil case is determined by the “lodestar” method. Blanchard v. Bergeron, 489 U.S. 87, 109 S.Ct. 939, 945, 103 L.Ed.2d 67 (1989); Cruz v. Local Union No. 3 of the International Brotherhood of Electrical *962 Workers, 34 F.3d 1148, 1159 (2d Cir.1994). That method initially estimates the amount of the fee award by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate. Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 563, 106 S.Ct. 3088, 3097, 92 L.Ed.2d 439 (1986). A reasonable attorneys fee is,

one calculated on the basis of rates and practices prevailing in the market, i.e., “in line with those [rates] prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation,” and one that grants the successful civil rights plaintiff a “fully compensatory fee,” comparable to what “is traditional with attorneys compensated by a fee-paying client.”

Missouri v. Jenkins, 491 U.S. 274, 286, 109 S.Ct. 2463, 2470, 105 L.Ed.2d 229 (1989) (citation omitted); see also Blum v. Stenson, 465 U.S. 886, 895-96 & n. 11, 104 S.Ct. 1541, 1547 & n. 11, 79 L.Ed.2d 891 (1984).

The product of reasonable hours times a reasonable rate does not end the inquiry. “There remain other considerations that may lead the district court to adjust the fee upward or downward.” Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct. 1933, 1940, 76 L.Ed.2d 40 (1983). In considering an adjustment to the lodestar calculation in order to arrive at a “reasonable” amount of an award of attorney’s fees in a civil rights case, the district court may consider the twelve factors set forth by the Fifth Circuit in Johnson v. Georgia Highway Express, Inc., supra, 488 F.2d at 717-719.

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Luciano v. Olsten Corp., 925 F. Supp. 956, 1996 U.S. Dist. LEXIS 6642, 73 Fair Empl. Prac. Cas. (BNA) 1441, 1996 WL 264985 (E.D.N.Y. 1996).

925 F. Supp. 956 (Luciano v. Olsten Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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