New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity
This text of 745 F. Supp. 182 (New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity) 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.
Opinion
OPINION AND ORDER
Plaintiff The New York Times Company (New York Times) moves for attorney’s fees in the amount of $101,053.10 and costs of $10,971.35 in connection with the services performed in a contempt action arising out of defendant Union’s members engaging in a work stoppage on March 28, 1990 in violation of an injunction agreed upon by the parties and so ordered by the Court on March 28, 1990, and for $11,346.25 for services rendered in making this fee application. The total application is for $123,-370.70.
Plaintiff’s fee request incorporates a 25 percent reduction of the total hours spent by attorneys in connection with the drafting and preparation of the post-hearing briefs, because plaintiff did not prevail on its requests for a second injunction and for coercive fines. Defendants argue that a 50 percent reduction of total attorney’s hours and costs is more appropriate.
Plaintiff calculates its total hours on the contempt motion and hearing as follows:
Attorneys
Plum — 139.25 hrs. @ $285/hr.
Baumgarten — 202.00 hrs. @ $230/hr.
Goldfarb —-171.25 hrs. @ $120/hr.
Dorman — 20.75 hrs. @ $120/hr.
Legal Assistants
Martin — 20.00 hrs. @ $ 90/hr.
Kim — 6.50 hrs. @ $ 75/hr.
Belcsak — 3.75 hrs. @ $ 70/hr.
Plaintiff’s total fees on this basis are $111,-736.25.
Plaintiff then applies its proposed 25 percent discount for time spent on research and briefing matters in which it did not prevail. This amounts to $10,683.15. Its total fee request for the contempt proceeding is $101,053.10. It also asks for $2,818.25 for deposition transcripts; $3,919.82 for the Court transcript; $1,995.40 for copying costs; $109.30 for delivery and fax costs; and $2,128.58 for Lexis and Westlaw.
Lastly, it requests its fees for attorney time making this motion:
Attorneys
Plum — 10.75 @ $285/hr. = $ 3,063.75
Baumgarten — 11.75 @ $230/hr. = 2,702.50
Goldfarb — 46.50 @ $120/hr. = 5,580.00
$11,346.25
Defendants’ calculations are as follows:
Counsel fees — $57,368.12
Costs — 5,485.68
Counsel fees
on application — 2,836.56
$65,090.36
Based on the affidavit of Bernard Plum, Esq., submitted by plaintiff in support of its motion, the Court rejects defendants’ request for a 50 percent reduction, but incorporates an additional 10 percent reduction to reflect time spent by plaintiff’s at[184]*184torneys prior to and at the hearing and in preparation of briefs to eliminate compensation for those matters on which defendants prevailed.
After examining plaintiffs Exhibit 6 (billing rates as of January 1, 1990) attached to the Plum affidavit, the Court also determines that the hourly rates applied for are too high. Mr. Plum, a partner for three years, is a 1979 law school graduate; Mr. Baumgarten, a senior associate, is a 1983 law school graduate; the other two attorneys graduated from law school in 1989. The Court’s revisions are as follows:
Attorneys
Plum — 139.25 hrs. @ $240/hr. = $33,420.00
Baumgarten —• 202.00 hrs. @ $175/hr. = 35,350.00
Goldfarb — 171.25 hrs. ® $100/hr. = 17,125.00
Dorman — 20.75 hrs. @ $100/hr. = 2,075.00
Legal Assistants
Martin — 20.00 hrs. @ $75/hr. = $ 1,500.00
Kim — 6.50 hrs. ® $75/hr. = 487.50
Belcsak — 3.75 hrs. $ $70/hr. = 262.50
$90,220.00
Less plaintiffs adjustment —10,683.15
79,536.85
Less Court’s 10 percent adjustment — 9,022.00
Total $70,514.85
The Court accepts the costs as adjusted in plaintiffs reply memorandum dated August 2, 1990 totaling $10,216.71.
Lastly, the Court grants plaintiff attorney’s fees for time spent on this application through July 12, 1990 as follows:
Attorneys
Plum — 10.75 hrs. @ $240/hr. = $2,580.00
Baumgarten — 11.75 hrs. @ $175/hr. = 2,056.25
Goldfarb — 46.50 hrs. @ $100/hr. = 4,650.00
$9,286.25
Accordingly, plaintiff is awarded $79,-801.10 in attorney’s fees and $10,216.71 in costs.
IT IS SO ORDERED.
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Cite This Page — Counsel Stack
745 F. Supp. 182, 135 L.R.R.M. (BNA) 2845, 1990 U.S. Dist. LEXIS 11918, 1990 WL 136126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-times-co-v-newspaper-mail-deliverers-union-of-new-york-nysd-1990.