Isigi v. Harry's Nurses Registry et al

Filing 103

MEMORANDUM and ORDER: Plaintiffs motion 100 for attorneys fees and costs is granted in the amount of $26,671.35. Ordered by Judge Frederic Block on 6/22/2020. (Innelli, Michael) (Main Document 103 replaced on 6/22/2020) (Innelli, Michael). Modified on 6/22/2020 TO CORRECT THE PLAINTIFF'S ATTORNEY'S NEW ADDRESS. (Innelli, Michael). (Main Document 103 replaced on 6/22/2020) (Innelli, Michael).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------x
ROSELYN ISIGI,
Plaintiff,

MEMORANDUM AND ORDER
Case No. 1: 16-cv-2218 (FB)(SMG)

-againstHARRY DORVILIER and HARRY’S NURSES
REGISTRY,
Defendants.
--------------------------------------------------------------x
Appearances:
For the Defendants:
For the Plaintiff:
EDWARD IRIZARRY, ESQ.
JONATHAN A. BERNSTEIN, ESQ.
Law Office of Edward Irizarry, PC
299 Broadway, Suite 1310
260 Madison Ave, 8th Fl.
New York, New York 10007
New York, New York 10016
BLOCK, Senior District Judge:
Plaintiff Roselyn Isigi brought this action pursuant to the Fair Labor Standards
Act (“FLSA”) and New York Labor Law (“NYLL”). On October 4, 2017, this Court
imposed a default judgment against defendants and referred the matter to Magistrate
Judge Gold to calculate damages. On March 24, 2018, Judge Gold recommended
plaintiff be awarded $277,336.70 in damages and $44,890.58 in attorney’s fees and
costs, which this Court adopted. Defendants appealed and, on February 7, 2020, the
Second Circuit affirmed the default judgment.
Plaintiff now moves for attorney’s fees and costs for uncompensated work
done before this Court and for work done on appeal. This motion is unopposed.
1

***
The FLSA allows “a reasonable attorney’s fee to be paid by the defendant”
when plaintiff prevails. Young v. Cooper Cameron Corp., 586 F.3d 201, 208 (2d Cir.
2009) (quoting 29 U.S.C. § 216(b)). This entitlement to fees and costs extends to
work done on a successful appeal. Id.
Isigi certainly prevailed before this Court and the Second Circuit’s affirmance
brands plaintiff as the prevailing party on appeal. See Cush-Crawford v. Adchem
Corp., 234 F. Supp. 2d 207, 212 (E.D.N.Y. 2002)(“[P]laintiff is a prevailing party
because the Second Circuit affirmed the [] damage award”). As such, Isigi is entitled
to recover attorney’s fees and costs for work done since December 10, 2017.1
A party seeking attorney’s fees must submit “contemporaneous time records”
specifying “the date, the hours expended, and the nature of the work done.” N.Y.
State Ass’n for Retarded Children, Inc. v. Carey, 711 F.2d 1136, 1148 (2d Cir. 1983).
Plaintiff’s counsel’s records indicate that he spent 70.167 hours, billed at $400 per
hour, on this case since December 10, 2017 and a paralegal spent 4.05 hours, billed
at $80 per hour, assisting. Counsel also seeks reimbursement of $18.18 in costs.

1

December 10, 2017 was the cut off for Judge Gold’s award of attorney’s fees as
plaintiff filed her reply in support of default judgment on December 10, 2017. See
Dkt. #87; Berstein Reply Aff ¶5 (Dkt. #79). As such, plaintiff is entitled to attorney’s
fees and costs accrued post-reply at the district court level, in addition to any work
done on appeal. See Young, 586 F.3d at 208.
2

Counsel submitted these records in compliance with Carey. And, he requests
the same hourly rate adopted by Judge Gold—a rate within the range commonly
approved in this district. Sass v. MTA Bus Co., 6 F. Supp. 3d 238 (E.D.N.Y. 2014).
The number of hours spent is likewise reasonable considering the hours were
expended over two years. Additionally, defendants’ counsel moved to withdraw the
afternoon before oral argument at the Second Circuit. After granting the withdrawal,
the Circuit decided to take the matter on submission, but plaintiff’s counsel had
already spent hours preparing for oral argument. Notably, defendants do not object
to counsel’s requested number of hours or hourly rate.
Accordingly, plaintiff’s motion for attorney’s fees and costs is granted in the
amount of $26,671.35.
IT IS SO ORDERED.
_/S/ Frederic Block___________
FREDERIC BLOCK
Senior United States District Judge
June 22, 2020
Brooklyn, New York

3