National Association for the Advancement of Colored People, Spring Valley Branch et al v. East Ramapo Central School District et al

Filing 710

AMENDED FINAL JUDGMENT amending 694 Judgment. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 1. Judgment is hereby entered in favor of Plaintiffs for a fee award in the amount of $5,446,139.99 plus daily interest following March 30, 2021, at the prevailing statutory post-judgment interest rate pursuant to 28 U.S.C. 1961. Defendants shall pay the award plus accrued interest to Plaintiffs on or before October 15, 2021. 2. The District may satisfy the judgment by making one payment of $4,392,394.95 plus accrued interest to Latham & Watkins LLP, and a second payment of $1,053,745.04 plus accrued interest to the New York Civil Liberties Union Foundation, or as otherwise instructed by Plaintiffs' counsel. (Signed by Judge Cathy Seibel on 7/23/2021) (mml) Modified on 7/23/2021 (mml).

Case 7:17-cv-08943-CS-JCM Document 710 Filed 07/23/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE,
SPRING VALLEY BRANCH; JULIO
CLERVEAUX; CHEVON DOS REIS; ERIC
GOODWIN; JOSE VITELIO GREGORIO;
DOROTHY MILLER; HILLARY MOREAU;
and WASHINGTON SANCHEZ,

17 Civ. 8943 (CS) (JCM)

Plaintiffs,
v.
EAST RAMAPO CENTRAL SCHOOL
DISTRICT and MARYELLEN ELIA, IN HER
CAPACITY AS THE COMMISSIONER OF
EDUCATION OF THE STATE OF NEW
YORK,

[PROPOSED]
XXXXXXXXX AMENDED FINAL
JUDGMENT

Defendants.
WHEREAS, the above-captioned matter, having come before trial, and this Court having
found for Plaintiffs and having found that Plaintiffs are entitled to a fee award under 52 U.S.C. §
10310(e), and having awarded Plaintiffs attorneys’ fees and costs, including expert fees;
WHEREAS, Plaintiffs filed Plaintiffs’ Motion for Attorneys’ Fees and Costs, ECF No.
598, the District filed a Memorandum of Law in Opposition to Plaintiffs’ Motion for Attorneys’
Fees and Costs, ECF No. 631, and Plaintiffs filed a Reply Memorandum of Law in Support of
Plaintiffs’ Motion for Attorneys’ Fees and Costs, ECF No. 649;
WHEREAS, Magistrate Judge McCarthy issued a Report and Recommendation (the
“R&R”), ECF No. 671;
WHEREAS, Plaintiffs filed Plaintiffs’ Objection to Magistrate Judge McCarthy’s R&R,
ECF No. 674, the District filed the District’s Objection to the R&R, ECF No. 676, and Plaintiffs
and the District had the opportunity to respond to the other’s objections, ECF Nos. 681 and 682;

Case 7:17-cv-08943-CS-JCM Document 710 Filed 07/23/21 Page 2 of 2

WHEREAS, this Court held a hearing on March 5, 2021 in which all parties were
represented by counsel and provided an opportunity to be heard;
WHEREAS, this Court delivered its decision on the fee dispute between the parties during
the March 5, 2021 hearing;
WHEREAS, this Court, having considered all of the above submissions and the R&R, has
adopted certain findings in the R&R and overruled and modified certain other findings in the R&R
consistent with the law and for the reasons stated during the March 5, 2021 hearing;
WHEREAS, this Court found that Plaintiffs are entitled to a fee award of $3,902,452 on
account of the work of Latham & Watkins LLP, $924,826.04 on account of the work of the New
York Civil Liberties Union, $192,463.92 in expert witness fees, and $426,398.03 in costs, for a
total fee award of $5,446,139.99;
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
1.

Judgment is hereby entered in favor of Plaintiffs for a fee award in the

amount of $5,446,139.99 plus daily interest following March 30, 2021, at the prevailing statutory
post-judgment interest rate pursuant to 28 U.S.C. 1961. Defendants shall pay the award plus
accrued interest to Plaintiffs on or before October 15, 2021.
2.

The District may satisfy the judgment by making one payment of

$4,392,394.95 plus accrued interest to Latham & Watkins LLP, and a second payment of
$1,053,745.04 plus accrued interest to the New York Civil Liberties Union Foundation, or as
otherwise instructed by Plaintiffs’ counsel.
Dated: White Plains, New York
_______________, 2021
July 23
___________________________________
Hon. Cathy Seibel, U.S.D.J.
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