THOMAS P. GRIESA, District Judge.
Following a trial in the district court and an appeal to the Second Circuit, the Second Circuit remanded this case with instructions to calculate and award fees and costs to State Street Bank and Trust Company. State Street now moves for the award. It requests about $1.1 million plus interest.
Attorney Peter Ripin moves on behalf of Davidoff Hutcher & Citron LLP to be relieved as counsel for plaintiffs. This motion is granted.
This case arose out of a dispute over monies owed under a loan agreement for construction of a residential building in Manhattan. After a bench trial, this court entered judgment in favor of Gaia House. On June 12, 2013, the Second Circuit reversed this court's decision and directed the district court to enter judgment in favor of State Street on all counts.
When a contract directs payment of legal fees, "the court will order the losing party to pay whatever amounts have been expended by the prevailing party, so long as those amounts are not unreasonable."
State Street requests about $1.1 million in fees and costs, plus interest. Apart from the few exceptions noted below, the court finds State Street's fees and costs reasonable based on the court's familiarity with the litigation and the documentation submitted by the parties. State Street won a complete victory, a factor that weighs in favor of a finding of reasonableness. Although this case was a straightforward case of contract interpretation, State Street argued and defended numerous motions, prepared for trial on an expedited basis, tried the case, and litigated the case in the Second Circuit after trial. The information provided by State Street demonstrates that State Street's counsel appropriately staffed this matter, made efficient use of attorney time, and did not duplicate efforts or overbill. State Street has provided appropriately detailed contemporaneous records of the work performed. The number of hours billed is reasonable given the nature this litigation, and the division of labor among the attorneys was similarly appropriate. The hourly rates billed by each attorney were reasonable.
The court shares some of Gaia House's concerns and will reduce the fees and costs awarded as follows. First, the court agrees with Gaia House that $2,839.16 is an unreasonable cost for three nights in a Manhattan hotel for Attorney Evan Benanti. Accordingly, the court will reduce the award for that bill to a reasonable rate of $275 per night.
Under the agreements, Gaia House and the guarantors are also liable for 17% interest on these fees and costs from the time State Street made the payments. The guarantors' assertion that they do not owe interest is directly contradicted by the Guaranty, which explicitly states that the guarantors will pay the Default Rate of interest, which the agreements define as 17%. All fees and costs are subject to 17% interest.
Gaia House's attempts to attack State Street's request are without merit, but two warrant discussion. First, Gaia House presents research by a litigation-fee expert who purports to establish benchmarks for the costs of litigation. For example, the expert asserts that, of the total hours billed by a law firm, only 41% of that time should be billed by partners; the rest, by associates. These benchmarks are supposedly derived from analyzing law-firm bills across many cases. Based on these benchmarks, Gaia House argues that State Street's legal costs are excessive. Gaia House's expert's benchmarks are similar to the factors the court considers in determining if the fees requested are reasonable.
Second, Gaia House argues that the guarantors are only liable for the attorneys' fees arising from contesting the validity and enforceability of the loan documents. Accordingly, Gaia House argues that the guarantors are not liable for the costs of certain aspects of the litigation. The Second Circuit, however, explicitly foreclosed this line of reasoning by holding that the guarantors are liable for "the Professional Fees incurred by State Street in this litigation." The Second Circuit's opinion and order instructed this court to award fees and costs for the entire litigation. Moreover, the Loan Agreement and the Guaranty also require the guarantors to pay for professional fees, including reasonable costs and expenses-not just attorneys' fees. Each of the disputed pieces of the litigation are "arising from" the contest over the validity of the Loan Agreement. Gaia House and the guarantors are jointly and severally liable for State Street's fees and costs.
State Street's motion for fees and costs is granted. The court awards fees and costs in the amount of $1,077,126.12. The court awards interest in the amount of $256,817.20, through December 31, 2013. On December 10, 2013, Gaia House paid State Street $462,177.97 from an escrow account, so State Street's award is reduced by that amount. But State Street is also owed additional interest of $90,950.72 from January 1, 2014, to the present. Thus, the remaining balance owed to State Street is $962,716.07.
This opinion resolves the motions listed as document numbers 105 and 118 in this case.
So ordered.