James v. City of New York et al

Filing 43

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ANDY JAMES, Plaintiff, ORDER – against – CITY OF NEW YORK, KHAMRAJ SINGH, GERARD SARDINA, and JEREMY DEMARCO No. 15-cv-3657 (ERK) (PK) Defendants. KORMAN, J.: 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 1 $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. SO ORDERED. Brooklyn, New York June 2, 2017 Edward R. Korman Edward R. Korman United States District Judge 2

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