Sumlin v. Hex NYC, LLC
1:25-cv-01406
S.D.N.Y.Jun 5, 2025Background
- Plaintiff Dennis Sumlin, on behalf of himself and similarly situated individuals, brought an action seeking attorney’s fees.
- The request for fees was made under 42 U.S.C. § 12205, which permits courts to award reasonable attorney’s fees in specific statutory actions.
- Plaintiff's legal team submitted affidavits and a statement of damages to substantiate the claim for fees.
- The court considered the documentation provided and referenced relevant standards and factors for determining reasonable fees (Johnson factors and lodestar method).
- The court ultimately granted the motion for attorney’s fees, finding the request adequately documented, but noted areas for improvement in future submissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorney’s fees under § 12205 | Plaintiff qualifies as a prevailing party | Not specifically stated | Entitled under § 12205 |
| Reasonableness of requested fees | Fees are reasonable, documented | Not specifically stated | Fees are reasonable |
| Sufficiency of fee documentation | Documentation provided meets requirements | Not specifically stated | Adequately documented |
| Specificity of statement of damages | Provided support via attachments | Not specifically stated | More specificity needed |
Key Cases Cited
- Johnson v. Ga. Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974) (establishes factors for determining reasonable attorney’s fees)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182 (2d Cir. 2008) (affirms use of Johnson factors in fee awards)
- Millea v. Metro-North R.R. Co., 658 F.3d 154 (2d Cir. 2011) (lodestar method for calculating reasonable fees)
- Farbotko v. Clinton Cty. of N.Y., 433 F.3d 204 (2d Cir. 2005) (reasonable hourly rate standard for attorney’s fees)