JAMES C. FRANCIS, IV, Magistrate Judge.
In a Memorandum and Order dated February 5, 2015, I denied the defendants' motion for sanctions insofar as they sought an order dismissing the plaintiff's complaint as a sanction for her failure to attend her deposition.
The defendants have requested attorneys' fees of $44,932.50 and expenses of $405.00, for a total of $45,337.50. (Affidavit of Hugh H. Mo dated Feb. 17, 2015 ("Mo Aff."), ¶¶ 13, 16; Memorandum of Law in Support of Defendants Application for Attorney Fees and Costs ("Def. Memo.") at 12). The requested fees are based on work performed by two attorneys, Hugh H. Mo at a rate of $540.00 per hour and Pedro Medina at a rate of $382.50 per hour. (Mo Aff., ¶¶ 14-15). The plaintiff opposes the defendants' application on the grounds that (1) the defendants seek fees for work beyond the scope of the Sanctions Order (Plaintiff's Responses and Objections with Incorporated Memorandum of Law to Defendants' Affidavit for Costs and Attorneys' Fees Pursuant to Rule 37 ("Pl. Memo.") at 7-10); (2) the rates charged by defendants' counsel are unreasonable (Pl. Memo. at 10-16); (3) fees may not be awarded for work performed by Mr. Mo, as he is a party to the action (Pl. Memo. at 18-19); (4) the time records of defendants' counsel are vague and include duplicative work (Pl. Memo. at 19-23); (5) the records reflect "block billing" (Pl. Memo. at 23-24); and (6) the request for reimbursement of costs for an interpreter is not properly supported (Pl. Memo. at 26-27). I will address each argument in turn.
The plaintiff complains that the defendants' fee request encompasses "normal discovery work" that is "not related to the sanctioned conduct." (Pl. Memo. at 8). This is partly true. The purpose of cost-shifting here is to reimburse defendants for expenses they would not have incurred but for the plaintiff's last-minute cancellation of her deposition. Yet, defendants' counsel has billed for all of the time spent preparing for the deposition, including review of discovery materials and transcripts of a prior deposition. Much of this preparation will be useful whenever the plaintiff's deposition is taken. On the other hand, cancellation of the deposition means that defendants' counsel will have to repeat some of their preparation in advance of a rescheduled deposition. Therefore, the defendants shall be compensated for thirty percent of the time counsel devoted to deposition preparation.
Furthermore, some entries have nothing to do with the deposition, such as those related to the defendants' motion for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure. Others relate to the deposition but not to its cancellation; for example, the application to exclude Ms. Lan's husband from the deposition would have been litigated regardless of when the deposition took place. Under the Sanctions Order, no reimbursement is appropriate for such tasks.
Determining a reasonable hourly rate involves "a case-specific inquiry into the prevailing market rates for counsel of similar experience and skill to the fee applicant's counsel," which may include "judicial notice of the rates awarded in prior cases and the court's own familiarity with the rates prevailing in the district."
Here, the rates requested for Mr. Mo and Mr. Medina are well within the range of reasonableness. Mr. Mo was admitted to practice law in 1977.(Mo Aff., ¶ 14). He spent eight years as an Assistant District Attorney, followed by four years as Deputy Commissioner for Trials in the New York City Police Department. (Mo Aff., ¶ 14).Thereafter, he was Partner-in-Charge of the China Practice Group at the law firm of Whitman & Ransom for six years. (Mo Aff., ¶ 14). Since 1994, he has been principal of his own firm, which represents clients in corporate, commercial, criminal, investment, litigation, and real estate matters. (Mo Aff., ¶ 14). His normal billing rate is $1,000.00 per hour (Mo Aff., ¶ 14), and the hourly rate of $540.00 that he is charging in this case is consistent with rates awarded in commercial cases to attorneys with similar experience.
Mr. Medina is a senior associate who was admitted to practice in 1989. (Mo Aff., ¶ 15). Since then he has served as an Assistant Corporation Counsel for the City of New York, as an Assistant Attorney General in the Environmental Protection Bureau of the New York State Attorney General's Office, and as an associate at several law firms. (Mo Aff., ¶ 15). The rate of $382.50 that he is charging is consistent with that charged by attorneys with similar experience.
Relying on
Notwithstanding the plaintiff's complaints, the time records of defendants' counsel are not unduly vague. "Although attorneys must record the general nature of their work, they need not include detailed descriptions of the exact work performed."
Nor do the records reveal significant duplication of effort. The fact that similarly worded entries appear on successive days hardly means that an attorney was repeating the same task; the more logical inference is that the task extended over more than one day. And, while Mr. Mo and Mr. Medina spent time coordinating their efforts, that is not unreasonable. A reduction of attorneys' fees for duplication of effort is warranted only when attorneys are unreasonably doing the same work.
Block billing can make it more difficult to determine the reasonableness of time expended. It is not, however, "automatically disfavored by courts in this district."
Here, the block billing by defendants' counsel is somewhat problematic. Time spent reviewing documents in preparation for the deposition, which must be reduced for the reasons indicated above, is included in entries along with tasks that are wholly compensable, such as making the logistical arrangements for the deposition. I have used my judgment to allocate time entries between compensable and non-compensable tasks and, in light of the block billing, I have exercised discretion in favor of the plaintiff in that allocation.
Based on the determinations set out above and the time records provided by defendants' counsel (Mo Aff., Exhs. B-D), fees are awarded for the following time entries:
Based on these entries, Mr. Mo performed 15.2 hours of compensable work at $540.00 per hour, for an award of $8,208.00. Mr. Medina performed 32.47 hours of compensable work at $382.50 per hour, for an award of $12,419.78. Thus, the total attorneys' fee award is $20,627.78.
The cancellation fee charged by the professional interpreter equal to four and one-half hours of his time is patently reasonable given the failure to provide adequate notice that the plaintiff would not appear. (Invoice, attached as Exh. E to Mo Aff.). The interpreter's hourly rate of $90.00 is likewise reasonable. Therefore, the expenses of $405.00 shall be reimbursed in full.
The inordinate time spent by counsel in litigating this fee issue is symptomatic of the waste of resources in this litigation. Based on reductions in the requested fees to reflect noncompensable time, the defendants are awarded $20,627.78 in attorneys' fees and $405.00 in expenses, for a total of $21,032.78.
SO ORDERED.