Upsolve, Inc. et al v. James

Filing 73

CONSENT LETTER MOTION for Extension of Time to File Motion for Attorneys' Fees addressed to Judge Paul A. Crotty from Gregory Silbert dated June 6, 2022. Document filed by Rev. John Udo-Okon, Upsolve, Inc...(Silbert, Gregory)

BY ECF

June 6, 2022

767 Fifth Avenue
New York, NY 10153-0119
[phone] tel
[phone] fax
Gregory Silbert
[phone]
[e-mail]

Hon. Paul A. Crotty
United States District Court
Southern District of New York
500 Pearl Street, Chambers 1350
New York, New York 10007
Re: Upsolve, Inc., et al., v. James, 22-CV-627 (PAC)
Dear Judge Crotty:
We represent Plaintiffs Upsolve, Inc. and Rev. John Udo-Okon in connection with the abovereferenced matter. On May 24, 2022, the Court issued an Opinion and Order granting Plaintiffs’ Motion
for a Preliminary Injunction (ECF 68). We respectfully ask for an extension of time to file a motion for
attorneys’ fees until 14 days after final judgment in this action. Defendant consents to this request.
Under 42 U.S.C. § 1988, a prevailing party in a proceeding brought under 42 U.S.C. § 1983
may move for an award of attorneys’ fees. Federal Rule of Civil Procedure 54(d) provides that a
prevailing party must file a motion for attorneys’ fees no later than 14 days after entry of a judgment
“unless a statute or a court order provides otherwise[.]” Fed. R. Civ. P. 54(d)(2)(B). “There is relatively
little case law regarding whether a preliminary injunction constitutes a ‘judgment’ that triggers Rule
54’s 14-day filing deadline, and the Court of Appeals for the Second Circuit has not addressed the
issue.” Lighthouse Baptist Church, Inc. v. Chemung Cnty., No. 6:20-CV-7000 EAW, 2021 WL
4166633, at *2 (W.D.N.Y. Sept. 14, 2021). Courts in this Circuit have accordingly found untimely
motions for attorneys’ fees filed more than 14 days after the issuance of a preliminary injunction. See
id. at *3. At the same time, however, courts recognize that “a fee request at the preliminary injunction
stage will be premature in some instances.” Spirit Lake Tribe v. Jaeger, 5 F.4th 849, 853 (8th Cir. 2021).
In order to ensure compliance with Rule 54, while also avoiding the need for a premature
resolution of the issue of attorneys’ fees, Plaintiffs respectfully ask the Court to extend the deadline for
filing a motion for attorneys’ fees until 14 days after final judgment in this action.
Respectfully submitted,
/s/ Gregory Silbert
Gregory Silbert
cc: Counsel of Record (via ECF)