Wright v. City of N.Y.

283 F. Supp. 3d 98
CourtDistrict Court, S.D. Illinois
DecidedOctober 20, 2017
Docket16 Civ. 1397
StatusPublished
Cited by4 cases

This text of 283 F. Supp. 3d 98 (Wright v. City of N.Y.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. City of N.Y., 283 F. Supp. 3d 98 (S.D. Ill. 2017).

Opinion

ROBERT W. SWEET, U.S.D.J.

Plaintiff Matthew Wright ("Wright" or the "Plaintiff") has moved pursuant to Fed. R. Civ. P. Rule 54(d)(2) seeking attorneys' fees of $43,363 and costs and disbursements in this action alleging civil rights violations against the City of New York (the "City") and five named and individual Police Officers (collectively, the "Defendants"). Based on the facts and conclusions set forth below, the motion is granted, and attorneys' fees, costs and disbursements are awarded as set forth below.

As the history of this case demonstrates and the realities establish, this action concerns attorneys' fees more than the violation of Wright's civil rights. The Defendants *101have opposed the motion on two grounds, that the requested attorneys' fees are unreasonable and that the retainer agreement (the "Retainer Agreement" or the "Agreement") between Wright and his attorney Gregory P. Moulton, Jr., Esq. ("Counsel") constitutes a conflict of interest between the Plaintiff and his counsel.

I. Prior Proceedings

Wright commenced this action on February 23, 2016 asserting federal civil rights violations stemming from an arrest that occurred on June 20, 2014 after Police Officer Duncan allegedly observed the Plaintiff in possession of "dope." The Amended Complaint alleged § 1983 violations, and claims of unlawful search, false arrest, excessive force, denial of substantive due process, malicious abuse of process, malicious prosecution, failure to intervene, and municipal liability.

The action was assigned to participate in the Local Civil Rule 83.10 (the "§ 1983 Plan") and the parties engaged in the "Limited Discovery" as required by Local Rule 83.10(5). In accordance with the § 1983 Plan, the parties also participated in mediation on August 23, 2016. After mediation was unsuccessful, the parties attended an initial conference on September 27, 2016, which set the discovery schedule. Counsel propounded a total of 297 individual further document requests in addition to the limited discovery required by the § 1983 Plan. The Defendants responded to each request and provided the requested documents.

One day after Defendants further supplemented their disclosures, Counsel moved to compel additional documents, and sought sanctions based on Defendants' alleged "fail[ure] to provide a myriad of basic discovery." Defendants cross-moved to compel Plaintiff to provide a global § 160.50 Release. On June 7, 2017, the Court denied the majority of Plaintiff's requests for discovery and for sanctions.

On June 16, 2017, Defendants served Plaintiff with a $5,001 offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure. On the same day, Counsel visited the Plaintiff to communicate the offer of judgment, which was accepted and docketed. Following Plaintiff's acceptance of the offer of judgment, the parties began negotiating Plaintiff's reasonable amount of attorneys' fees, costs, and disbursements as provided by 42 U.S.C. § 1988, and agreed to an amount in principle inclusive of fees, costs, and disbursements.

In response to the agreement in principle, the City sent Counsel the document to memorialize the costs and fees agreement. This includes a Stipulation and an Order of Settlement of Attorney's Fees, Costs, and Expenses, two separate releases discharging any further claims for fees by both Plaintiff and Plaintiff's counsel, and a W-9 Form. Counsel declined to return as executed the releases requiring his client to affirm that he had assigned all rights to attorneys' fees to his counsel and released all Defendants and successors to any further claims to said fees in the above-referenced matter. Counsel also provided a redacted Retainer Agreement, which contains the following relevant language:

[Matthew Wright] agrees to pay [The Law Office of Gregory Mouton, Jr., LLC] a contingent fee of one-third of the total recovery ... plus any attorney's fees awarded pursuant to 28 U.S.C. § 1988. Client hereby assigns [The Law Office of Gregory Mouton, Jr., LLC] all rights and interests [Matthew Wright] may have in any claims against the defendants for costs, expenses, and attorneys' fees.

*102See Retainer Agreement, Defs.' Mot. Ex. 2, at 1, July 27, 2017, ECF No. 55.

The instant motion was heard and marked fully submitted on August 30, 2017.

II. The Applicable Standard

The Civil Rights Attorney's Fees Awards Act of 1976 authorizes district courts to award reasonable attorneys' fees to prevailing parties in civil rights litigation. See 42 U.S.C. § 1988. "The Second Circuit has held that plaintiffs who accept Rule 68 offers of judgment qualify as 'prevailing parties' entitled to attorneys' fees and costs." Davis v. City of New York, No. 10 Civ. 699 (SAS), 2011 WL 4946243, at *2 (S.D.N.Y. Oct. 18, 2011). The Supreme Court has stated that the prevailing party should recover attorneys' fees "unless special circumstances would render such an award unjust." Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983) (quoting Newman v. Piggie Park Enterprises, 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968) ).

A district court traditionally has "considerable" discretion in deciding whether to award fees, see Barfield v. New York City Health & Hosps. Corp., 537 F.3d 132, 151 (2d Cir.

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