397 F.Supp.3d 482
S.D.N.Y.2019Background
- The Independence Project, a New Jersey disability-rights nonprofit, sued Ventresca Bros. Construction under the ADA alleging architectural barriers at Mid Central Shopping Plaza that impeded wheelchair access. The plaintiff-member Feltzin, a paraplegic, inspected and identified multiple alleged violations.
- Ventresca answered and filed counterclaims/third-party claims accusing plaintiff’s counsel of fraudulently misrepresenting Feltzin’s disability and of running a scheme to extort settlements; the parties later settled and dismissed the litigation with prejudice.
- The Settlement Agreement required defendant to remediate the alleged ADA violations, provided for a post-repair inspection, and expressly preserved the Court’s jurisdiction to enforce the settlement and to determine attorneys’ fees, costs, and expert fees; the Court so‑ordered the settlement.
- Plaintiff moved under 42 U.S.C. § 12205 for $32,520 in fees and costs (Fuller: 66.2 hours at $425/hr; paralegal; a $3,500 expert fee; litigation expenses; and a $750 re‑inspection fee).
- Defendant opposed, arguing plaintiff was not a prevailing party and, alternatively, that the requested rate and claimed hours (and some costs/expert charges) were excessive, vague, duplicative, or unsupported.
- The Court held plaintiff was a prevailing party because the so‑ordered settlement and retention of jurisdiction supplied sufficient judicial imprimatur, awarded Fuller fees at $400/hr, disallowed hours billed for work on motions never filed, applied a 15% across‑the‑board reduction for vague/excessive entries, reduced the expert fee by 15% for insufficient detail, and denied the unsupported re‑inspection fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff is a "prevailing party" eligible for fees under §12205 | Settlement required defendant to remediate violations; Court retained jurisdiction to enforce — so plaintiff prevailed | Settlement was private; dismissal did not incorporate terms explicitly; no judicial imprimatur | Prevailing party: Court retained jurisdiction and so‑ordered settlement provided sufficient judicial imprimatur. |
| Appropriate hourly rate for lead counsel (Fuller) | $425/hr justified by 40+ years’ ADA experience | Rate is excessive; Fuller has had reductions previously | $400/hr awarded as reasonable in this District for an experienced ADA litigator. |
| Reasonableness of billed hours | 66.20 hours (Fuller) less 1 paralegal hour; billed tasks necessary | Hours include work on motions never filed, vague/block entries, duplication — seek large reductions | Disallowed 14.30 hours for work on filings never made; applied 15% across‑the‑board reduction to remaining hours; total compensated hours = 44.12. |
| Recoverable costs and expert fees | $3,500 expert fee + $770 litigation expenses + $750 re‑inspection | Expert invoice vague/undated; re‑inspection unsupported; challenge admissibility/visit | Expert fee reduced 15% to $2,975 for lack of detail; litigation expenses ($770) awarded; $750 re‑inspection fee denied for lack of supporting documentation. |
Key Cases Cited
- CRST Van Expedited, Inc. v. EEOC, 136 S. Ct. 1642 (2016) (prevailing‑party inquiry required before awarding fees)
- Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598 (2001) (court‑ordered relief or judicial imprimatur required to be a prevailing party)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (retention of jurisdiction in dismissal order gives ancillary jurisdiction to enforce settlement)
- Roberson v. Giuliani, 346 F.3d 75 (2d Cir. 2003) (retention of jurisdiction over settlement provides sufficient judicial imprimatur for fee awards)
- Perez v. Westchester Cty. Dep’t of Corr., 587 F.3d 143 (2d Cir. 2009) (consent decrees and incorporated settlements can make plaintiff a prevailing party)
- Arbor Hill Concerned Citizens Neighborhood Ass’n v. County of Albany, 522 F.3d 182 (2d Cir. 2008) (factors for reasonable hourly rate and fee determination)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (lodestar method; exclude excessive, redundant, or unnecessary hours)