Schoolcraft v. The City Of New York et al

Filing 598

DECLARATION of Alan H. Scheiner in Opposition re: 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.., 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by The City Of New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit)(Scheiner, Alan)

SUMMARY OF PLAINTIFF’S COUNSEL’S EXPERIENCE AND HOURLY RATES
Attorney

Law School

Jon
Norinsberg

Georgetown
University

Joshua Fitch

Admission Average Years of
Year
Experience1 in
Federal Civil
Rights Litigation
During
Schoolcraft Case
1992
15 (from 1998)

Full or Part
Demanded Rate
Time in Civil
Rights Litigation
(other practice
areas)

Proposed Rate

Part (med mal
and other tort)

$600

$400

New
England
Law School
Gerald Cohen Cardozo
School of
Law

2005

5 (from 2008)

Part (criminal
defense)

$500

$325

2005

5 (from 2008)

Part (criminal
defense)

$500

$325

Nat Smith

Brooklyn
Law School

1988

18

$575

$450

John J.
Meehan

New York
Law School

2013

0-1

Part (securities
fraud,
employment law,
pensions)
Part (med mal
and other tort)

$575

$250

1

“It is well-established that ‘[e]ach attorney should receive fees based on the average of his or her level of experience over the course of the litigation, as
opposed to their current level of experience.’” Walker v. City of New York, 2015 U.S. Dist. LEXIS 101253, *17-18 (E.D.N.Y. July 27, 2015).

Howard
Suckle

SUNY
Buffalo

1987

No significant civil
rights practice2

Commercial, tort,
defamation,
employment

$575

$300

John Lenoir3

Rutgers
(Newark)

1980

Unknown.

$575

$300

Richard A.
Gilbert

Cardozo

1985

No significant
private civil rights
practice until 2012
No significant
federal court civil
rights practice4

$500

$300

Peter J.
Gleason

CUNY

2004

$500

$300

Harvey A.
Levine

Brooklyn

1961

State court
practice
(including some
police-related
personal injury).
Police
employment
matters; torts
State court
personal injury
(including some

$600

$300

No significant
federal court civil
rights practice5
No significant
federal court civil
rights practice6

2

Suckle is not named in Law Department automated records as appearing on any law enforcement civil rights matter initiated since 1996. He does appear in two
discrimination cases, but his primary practice area appears to be torts. Suckle’s PACER records show that Schoolcraft is the only apparent police-related
litigation among the handful of federal cases listed for Suckle. See Ex. P, PACER Search Results for Smith Team.

3

John Lenoir’s PACER records show only nine cases in which he appeared in federal court. Only two appear on their face to be police civil rights matters; the
other one is also with Nat Smith. See Ex. P. Law Department automated records do not show an appearance in any matter adverse to the City other than
Schoolcraft, although he is known to have appeared in one other matter with Nat Smith. Dec. ¶ 31.
4

Levine & Gilbert’s website does not list civil rights as an area of specialty. See http://lanman75.fatcow.com/levineandgilbert/1773.html (accessed March 18,
2016). Richard A. Gilbert (of New York) shows only three federal court cases on PACER, one of which is Schoolcraft. Ex. R, PACER Search Results for
Gleason Team.
5

Gleason is listed as counsel on PACER in only five federal cases. See Ex. R. The Law Department’s automated records show that he has appeared only in two
Labor & Employment matters adverse to the City, and Schoolcraft. Dec. ¶ 31.
6

According to PACER, Levine has appeared in only 10 federal court matters since 2000. See Ex. Q. Of those, four appear to involve a governmental entity. Id.
Levine & Gilbert’s website does not list civil rights as an area of specialty. See http://lanman75.fatcow.com/levineandgilbert/1773.html (accessed March 18,
2016).

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police-related
personal injury)
Paralegals

$125

$100

Law Student
Magdalena
Bauza

$150

$100

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