Shin v. Party Well Rest & Oriental Bakery Inc

CourtDistrict Court, E.D. New York
DecidedMarch 28, 2024
Docket1:20-cv-01319
StatusUnknown

This text of Shin v. Party Well Rest & Oriental Bakery Inc (Shin v. Party Well Rest & Oriental Bakery Inc) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shin v. Party Well Rest & Oriental Bakery Inc, (E.D.N.Y. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK nnn = n= nn we WOUN JAE SHIN, Plaintiff, NOT FOR PUBLICATION -against- MEMORANDUM & ORDER 20-cv-1319 (CBA) (TAM) PARTY WELL REST & ORIENTAL BAKERY INC., DANIEL AHN, and YOUNG JOON AHN, Defendants. nena nn nnn ene ene □□□ □□□ . AMON, United States District Judge: Plaintiff Woun Jae Shin initiated this action on March 11, 2020 against Defendants Party Well Rest & Oriental Bakery Inc., doing business as Mail Garden Restaurant; Daniel Ahn; and Young Joon Ahn pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201 et seg. (“FLSA”) and New York Labor Law “NYLL”), Art. 6 § 190 et seq. and Art. 19 § 650 etseq. (ECF Docket Entry (“D.E.”) #1 “Compl.”).) After two rounds of mediation, two settlement conferences, and a denied motion for summary judgment, the parties proceeded to trial in April 2023 on the NYLL claims! After a three-day trial, the jury returned a verdict in Plaintiff's favor, finding Defendants liable on all of Plaintiff's claims under the NYLL. (See D.E. #91 at 20-25.) Based on the jury’s findings, [issued a judgment in favor of Plaintiff in the amount of $618,788.76, plus interest. (D.E. # 98.) Following the judgment, Plaintiff filed a motion to recover attorneys’ fees and costs. (D.E. # 95 (“Kim Decl.”).} I referred the motion to the Honorable Taryn A. Merk], United States Magistrate Judge, for report and recommendation. (Text Entry dated June 15, 2023.) On December 15, 2023, Magistrate Judge Merk! issued her report and recommendation, recommending that the Court grant

' Plaintiff voluntarily dismissed his FLSA claims to streamline the trial. (See D.E. #4 76; 78; □□□ dated Apr. 6, 2023.)

Plaintiff's motion in part and deny it in part.? (D.E. #110 (the “R&R”).) Plaintiff objected to the R&R (D.E. # 112 (“Kim Obj.”)) and Defendants filed an opposition to Plaintiff's objections (D.E. #113). For the reasons set forth below, the findings in the R&R are adopted, and Plaintiff's motion is GRANTED in part and DENIED in part. BACKIKGROUND The Court assumes familiarity with the underlying facts of this litigation and only includes the background relevant to its adoption of Magistrate Judge Merkl’s R&R. Plaintiff has been represented by Ryan Kim Law, P.C. (“RKL” or the “Firm”) since the inception of this case. (See Compl.) Plaintiff signed a retainer agreement that RKL would represent him in this matter. (Kim Obj. at 2.) As part of the retainer agreement, Plaintiff was given the option of paying attorneys’ fees on an hourly basis ($550.00 for Mr. Kim’s time, as well as $120.00 per hour for RKL’s paralegal’s time) or fees that would be the greater of (a) a contingency fee based on one-third of the amount recovered, or (b) RKL’s fees and costs awarded by the court in the case of a favorable outcome at trial. (See Kim Decl. | 7.) Following trial and judgment, Mr. Kim filed an application for fees in the form of a declaration in support of the fee petition, filed with an accompanying memorandum of law and exhibits. (See generally Kim Decl.) Plaintiff sought $276,407, including (1) $262,295 in fees for 476.9 hours billed at an hourly rate of $550; and (2) $14,112 in fees for work of paralegal Julia Choi for 117.6 hours billed at an hourly rate of $120. dd. 41.) Counsel also sought reimbursement for costs in the amount of $7,295.71. (dd. 7 48.) On December 15, 2023, Magistrate Judge Merk! issued a thoughtful and well-reasoned R&R granting Plaintiff’s application in part. Judge Merk! found that the billing rates RAL

? Although the Docket Entry reads as an Order, I treat the Opinion as a report and recommendation in accordance with the initial order referring the motion, and J treat Plaintiff's ensuing Appeal as an objection.

requested for Mr. Kim and Paralegal Ms. Choi were higher than the range of rates awarded to attorneys and paralegals with comparable experience in cases of similar subject matter and complexity. (R&R at 21.) She recommended that Mr. Kim’s fees be lowered to an hourly rate of $450, at the upper range of lawyers’ rates in comparable matters and in line with what other courts have awarded Mr. Kim in recent employment cases. (Id. at 12.) She also recommended that Ms. Choi’s fees be lowered to an hourly rate of $100, at the top end of paralegal fees awarded in similar cases, (Id.) She also found the number of purported hours billed to be excessive relative to the complexity of the matter. (Id. at 15.) Specifically, she noted a comparatively large number of hours billed for filing the summary judgment motion, calculating Plaintiff's damages, and corresponding via email. (Id. at 15-18.) She also referenced unorthodox methods for billing travel time. (id, at 18-19.) As such, Magistrate Judge Merkl recommended reducing the requested fee by 25%. (Id, at 21.) She also recommended reimbursement of costs in the amount of $8,062.07 in review of the documentation submitted. (Id. at 23.) Plaintiff's counsel filed objections to the R&R. (Kim Obj.) Although he argues for a higher fee than Magistrate Judge Merk!’s recommendation based on his experience and skills, he mainly argues that Magistrate Judge Merk! failed to account for rising inflation, and now asks for an hourly rate of $535, (Kim Obj. at 6-8.) He also maintains that Ms. Choi’s hourly rate should be kept at $120 given her experience in labor law and fluency in Korean. (Id, at 8.) Counsel also contests the reduction in hours, proposing that the originally requested fees be reduced by 10% instead of 25%, (Id. at 11.) Defendants respond by asking me to adopt the Magistrate Judge’s R&R. (D.E. # 113.)

STANDARD OF REVIEW When deciding whether to adopt a report and recommendation, a district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). To accept those portions of the R&R to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Lorick v. Kilpatrick Townsend & Stockton LLP, No. 18-CV-07178, 2022 WL 1104849, at *2 (E.D.N.Y. Apr. 13, 2022) (quoting Ruiz v. Citibank, N.A., No. 10-CV-05950, 2014 WL 4635575, at *2 (S.D.N.Y. Aug. 19, 2014)). When specific objections are made, however, “(t]he district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3). DISCUSSION Defendants did not file objections to the R&R, and the time for doing so has passed. Since Plaintiff objects to the amount of attorneys’ fees recommended, I review that portion of the R&R de nove and find that the reduction recommended by Magistrate Judge Merkl is appropriate. I, Legal Standard Under both the FLSA and the NYLL, a prevailing plaintiff is entitled to an award of “reasonable” attorney’s fees. See 29 U.S.C. § 216(b); NYLL § 663(1). District courts have broad discretion in determining a reasonable attorney’s fee. See Hensley v. Eckerhart, 461 U.S. 424, 437 (1983); Arbor Hill Concerned Citizens Neighborhood Ass’n v. County of Albany, 522 F.3d 182, 183-84 (2d Cir. 2008). To calculate a reasonable fee, courts use the “the lodestar method—the product of a reasonable hourly rate and the reasonable number of hours required by the case.’” Millea v.

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Bluebook (online)
Shin v. Party Well Rest & Oriental Bakery Inc, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shin-v-party-well-rest-oriental-bakery-inc-nyed-2024.