Held & Hines LLP v. Hussain

Filing 134

ORDER re: 128 Report and Recommendations: Accordingly, the Court hereby grants in part and denies in part H&H's motion for quantum meruit damages. Held & Hines is awarded $326,157.20 in attorneys' fees and $13,845.01 in expens es, plus pre-judgment interest from the date of the termination of the representation, April 15, 2016, in the amount of $105,663.56. The Clerk is instructed to enter judgment and close this case. (Signed by Judge Jed S. Rakoff on 9/27/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.

USDC SONY

odCUMENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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HELD & HINES, LLP,

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i I EiCTRONICALLY FILED
D C#:
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D TEFILED:
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Plaintiff,

fiv.

5273 (JSR)

ORDER

-vSANDY HUSSAIN,

. Defendant.
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JED S. RAKOFF, U.S.D.J·.
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On August 7, 2019, the Honorable Sarah N~tburn, United

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States Magistrate Judge, issued a Report and Recommendation in
the above-captioned matter recommending $286,656,-01 in quantum
meruit damages, comprising $272,811 in attorney''s fees and
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$13,845.01 in expenses. Objections to the Report, and
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Recommendation were due on August 21, 2019, but the Court
subsequently extended this deadline to September! 12, 2019. On
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that day, both parties submitted objections to the Report and
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Recommendation.

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The Court has reviewed the objections and the underlying
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record de novo. Having done so, the Court finds :itself in near1
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complete agreement with Magistrate Judge Netburn/s excellent
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Report and Recommendation and finds most of the Jobj ections

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Name
Marc Held
Philip
Hines
Scott
Richman
Fred Seth
Rosenberg
Eric
Rodriguez
Jesmine
DeJesus
Subtotal
Expenses
Total

Reduced
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Hourly
Proposed Reduped
Billing Hours
Fees
Hour~
Experience Rate
Expended Expepded Awarded
Partner
$400
575.03
$138,007.20
345.02
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Partner

$400

167.20

100.B2

$40,128.00

Associate

$250

751.53

450.92

$112,729.50

Associate
Legal
Assistant
Legal
Assistant

$250

194.75

116J5

$29,212.50

$100

63.00

50.4©

$100

13.00

10.40

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$5,040.00

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$1,040.00
$326,157.20
$13,845.01
$340,002.21

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Second, the Court agrees with Held & Hin,s that it is
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entitled to pre-judgment interest. Held

&

Hines ~ncluded such a

demand in both its complaint and in its proposed, findings of

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fact and conclusions of law in the instant damag s inquiry, see

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ECF Nos. 1 & 124. At least two courts in this di~trict have
previously held that, since an action for damage~ in quantum
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meruit is essentially an action at law for breach of contract,
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"a discharged attorney seeking compensation in q~antum meruit is
entitled to interest on any recovery from the daie of
discharge." Hampshire Grp. Ltd. v. Scott James C<p., No. 14-cv2637,· 2015 WL 5306232 at *18 n.15 (S.D.N.Y. July 27, 2015)
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meritless. Nevertheless, the Court is persuaded

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two of the

plaintiff's objections to increase the damages ajward somewhat.
First, the Court believes that an acrosstthe-board

reduction of plaintiff Held & Hines's hours by Sb% is somewhat

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excessive. The Court recognizes that SO% is withfn the range of
percentage reductions that courts in this district commonly
apply to inflated applications for attorneys'

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fees,
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see Report

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Recommendation at 17-18, and the Court certainlyjbelieves that a
substantial reduction is appropriate given the Report and

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Recommendation's finding that vague billing entries,
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overstaffing, inappropriate block billing, and iiplausible
billing entries by Held

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Hines accounted, conservative l y, f or

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about SO% of its time. The Court is sympathetic, lhowever, to
plaintiff's argument that an across-the-board

so~ reduction
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would, in effect, resolve all of the disputed ho~rs in

defendant's favor. To account for the likelihoodlthat a small
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proportion of these questionable billing entriesiwere, in fact,
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legitimate, the Court will instead cut Held

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Hines's attorney's
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hours by 40% across the board. 1 The revised damages calculation,

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accordingly, is as follows:

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The Court adopts the Report and Recommendation' s conclusion
that Held & Hines's paralegal hours should be cu½ by 20%.

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(quoting Dweck Law Firmr L.L.P. v. Mann,

03-cv-~967, 2004 WL

1794486 at *3 (S.D.N.Y. Aug. 11, 2004)).
Accordingly, the Court hereby grants in part and denies
in part H&H's motion for quantum meruit damages.: Held & Hines is
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awarded $326,157.20 in attorneys' fees and $13,~45.01 in
expenses, plus pre-judgment interest from the ddte of the
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termination of the representation, April 15, 20~6, in the amount
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of $105,663.56. The Clerk is instructed to enten judgment and
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close this case.
SO ORDERED.
Dated:

New York, NY

September

t),

JED S. iKOFF, U.S.D.J.

2019

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