Universitas Education, LLC v. Nova Group, Inc.

Filing 162

ORDER granting #43 Motion for Attorney Fees. Accordingly, Universistas' motion for attorneys' fees and costs in the amount of $268,810.01 is granted. This Order resolves docket entry no. 43. SO ORDERED.(Signed by Judge Laura Taylor Swain on 10/05/2012) (ama)

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-,----'-=-=-=-='-=_.=== 1.,,·--·..- - - ­ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x UNIVERSITAS EDUCATION, LLC, jluSDCSDNY !\ DOCUl\1ENT . II',I ELECfRONICALLY FII_t'­ on~-N=""1 if . LriJ'\.....- : i .. •l _ _ _.......,..._ "_,. . ~~~~~7=~,,::._27~.~2,~~~R1~i Petitioner, No. 11 Civ. 1590 (LTS)(HBP) -v- NOVA GROUP, INC., Respondent. -------------------------------------------------------x ORDER Petitioner Universitas Education, LLC ("Universitas") has moved pursuant to Fed. R. Civ. P. 54(d) for attorneys' fees and costs in the amount of $268,810.01. The Court entered judgment in Univeristas' favor on June 7, 2012. Section 8.02(d) of the Charter Oak Trust Welfare Benefit Plan provides that "all costs of the prevailing party (including attorneys' fees and costs), as well as the costs of arbitration, shall be borne exclusively by the non-prevailing party." Respondent Nova Group, Inc. ("Nova"), contends generically that the amount requested is excessive, but has n9t objected to any individual itemized expense. The Court has reviewed Universitas' application, which provides adequate documentation of the costs incurred, in the form of invoices from counsel that indicate the date, nature and amount of those costs. In light of the abundance of motion practice in this case and the absence of any particularized objections by Nova, the Court determine~ that the amount Universitas requests is neither facially unreasonable nor excessive. Accordingly, Universistas' motion for attorneys' fees and costs in the amount of $268,810.01 is granted. This Order resolves docket entry no. 43. SO ORDERED. Dated: New York, New York October 5, 2012 United States District Judge CNIVERSITAS ATTY FEES.WPD VERSION 10/5112

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