Pegler et al v. Television Equipment Associates, Inc. et al

Filing 122

AMENDED ORDER: For these reasons Defendant TEA is ordered to pay to Plaintiff the total amount of $6,205.84. This constitutes the Decision and Order of the Court. Counsel is hereby notified that although the undersigned maintained juris diction of this matter for purposes of enforcing settlement, the upcoming retirement of the undersigned would prevent the undersigned from doing so in future. Cases assigned to the undersigned will be reassigned to a different Magistrate Judge, and counsel will be notified of that reassignment. SO ORDERED. (for LMS as to typographical correction.) (Signed by Magistrate Judge Paul E. Davison on 10/6/2020) (ks)

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT IF NEW YORK

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LAURA PEGLER, ;

AMENDED ORDER

Plaintiff, ;
-against"

:

^

l8Civ.4675(KMK)(LMS)

TELEVISION EQUIPMENT ASSOC., et a!.» :
Defendants. :

By letter* dated August 3, 2020, Plaintiffs counsel sought to enforce ttiis Court's ruling,
issued July 10, 2020, that Defendant Television Equipment Associates, Inc. ("TEA") was to
reimburse Plaintiff for the interest and attorneys' fees incurred as a result of the Plaintiff having
sought and obtsined enforcement of the Settlement Agreement previously entered into by the
parties. Defendants counsel spposes the Order on the grounds that the original settlement
agreement did not envision that attomeyy' fees would be awarded in the situation before the
Courts and on the grounds tha£ the submitted fees are not reasonable. For the reasons set forth
herein, the undersigneel awards Plaintiff interest in the amount of $94.84 an<I attorneys' fees in

the amount &f$6Jll.
Having been involved throughout the discussion of possible settlement in this matter, it is
my underst anting that the reference during the oral statement of the settlement agreement on
March 14, 2019, with regard to attorneys' fees (see n, 2» p. 2, of Defendants' counsel's letter of

! The Jetters submine^ to the Court with regard to this pending issue relate to the
settlement itself, which is confidential and therefore arc being filed under seal simultaneously
with issuance of this Order.

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August 20,2020, filed under seal) was truly intended to apply to any effort to obtain review of
any party s conduct pursuant to the agreement, including review by this Court, which was
envisioned and included in the agreement ("Any issues regarding enforcement of the settlement

except calculation [of the appropriate ajnount ] will be brought before [the undersigned] and the
Court will retain jurisdiction for purposes of resolving any issues relating to enforcement of the
settlement." Conference March 14,2019).
The Court's review of the claimed attorneys' fees leads to the conclusion that a substantial
part of the time expended was necessary because new counsel, who had not been involved in the
settlement negotiations or settlement agreement, were brought in to handle this matter at this
stage. As a result, time was expended throughout which would not have been necessary, at least
not to that degree, if counsel at this time had also been involved in the settlement process. I
therefore conclude that the claimed amount of Mr. Licm-e'y work , at 19.4 hours, is excessive,
and reduce the hours by 30% to 13.58 hours> for a payment due of$6,111. No information has
been provided to justify the Federal Express cost, so I do not award it.
Defendants have not. opposed the payment of interest on the settlement amount, and
therefore the interest payment of $94.84 is ore!ered to be paid by Defendant TEA.
For these reasons Defendant TEA is ordered to pay to Plaintiff the total amount of
$6,205.84.
This constitutes the Decision and Order of the Court,

Counsel is hereby notified that although the undersigned maintained jurisdiction of this

2 The actual language is omitted as it includes settlement language that is confidential.
3 Counsel has already agreed not to claim the $450.00 for the work of Amber T.
Wallace,

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matter for purposes of enforcing settlement, the upcoming retirement of the undersigned would
prevent the undersigned from doing so in future. Cases assigned to the undersigned will be
reassigned to a different Magistrate Judge, and counse! will be notified of that t'eassigament.

Dated; October 6, 2020
White Plains, New York

SCLQJ^

i. Davison

United States Magistrate Judge
Southern District of New York

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