James v. City of New York et al
ORDER ADOPTING REPORT AND RECOMMENDATION IN PART. The amount recommended by Magistrate Kuo was $16,871.00, which included fees on fees. I subtract $3,655.00 from the recommended amount to arrive at the judgment amount of $13,216.00. I otherwise adopt the recommendation of the magistrate, and the Clerk is directed to enter judgment in favor of the plaintiff in the amount of $13,216.00. Ordered by Judge Edward R. Korman on 6/2/2017. (Park, James)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
– against –
CITY OF NEW YORK, KHAMRAJ SINGH,
GERARD SARDINA, and JEREMY DEMARCO
No. 15-cv-3657 (ERK) (PK)
I assume familiarity with the underlying facts of this case, as set forth in the Report and
Recommendation of Magistrate Kuo dated February 17, 2017. James v. City of N.Y., No. 15-CV3657 (ERK) (PK), 2017 WL 696026 (E.D.N.Y. Feb. 17, 2017). The City of New York (the “City”)
has filed objections to that recommendation. I sustain the City’s objection to her recommendation
that the plaintiff should recover $3,655.00 for the preparation of the plaintiff’s fee application—
referred to as “fees on fees.” The offer of judgment, to the extent here relevant, was $12,501.00,
“plus reasonable attorneys’ fees, expenses and costs to the date of this offer for plaintiff’s federal
claims.” Offer of Judgment at 1 (emphasis supplied). The issue of whether this offer covers “fees
on fees” was discussed and resolved in a characteristically reasoned opinion of the late Judge
Pamela Rymer in Guerrero v. Cummings, 70 F.3d 1111 (9th Cir. 1995). I adopt Judge Rymer’s
reasoning in sustaining the City’s objection. See id. at 1113–14; see also Sussman v. Patterson,
108 F.3d 1206, 1209–11 (10th Cir. 1997); Blake v. N.Y. City Health & Hosps. Corp., No. 14 Civ.
3340 (JGK) (AJP), 2016 WL 6520067, at *4 (S.D.N.Y. Nov. 3, 2016) (collecting cases).
The amount recommended by Magistrate Kuo was $16,871.00, which included “fees on
fees.” I subtract $3,655.00 from the recommended amount to arrive at the judgment amount of
$13,216.00. I otherwise adopt the recommendation of the magistrate, and the Clerk is directed to
enter judgment in favor of the plaintiff in the amount of $13,216.00.
Brooklyn, New York
June 2, 2017
Edward R. Korman
Edward R. Korman
United States District Judge
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