New Earthshell Corp. v. Jobookit Holdings Ltd.

5 Citing cases

  1. Homeaway.com, Inc. v. City of New York

    523 F. Supp. 3d 573 (S.D.N.Y. 2021)   Cited 37 times
    Reducing fee award by 25%

    Ample case authority in this District, applying the standard of objective reasonableness, supports reducing a fee award where the legal hours recorded by plaintiffs’ counsel fell unusually heavily on partners with high hourly rates. See, e.g. , Okla. Firefighters Pension & Ret. Sys. v. Lexmark Int'l, Inc. , No. 17 Civ. 5543 (WHP), 2021 WL 76328, at *5 (S.D.N.Y. Jan. 7, 2021) ; Murray v. UBS Sec., LLC , No. 14 Civ. 927 (KPF), 2020 WL 7384722, at *15 (S.D.N.Y. Dec. 16, 2020) ; New Earthshell Corp. v. Jobookit Holdings Ltd. , No. 14 Civ. 3602 (JMF), 2015 WL 2152681, at *2 (S.D.N.Y. May 7, 2015) ; Trinidad v. Pret a Manger (USA) Ltd. , No. 12 Civ. 6094 (PAE), 2014 WL 4670870, at *9 (S.D.N.Y. Sept. 19, 2014) ; Lucky Brand Dungarees, Inc. v. Ally Apparel Res., LLC , No. 05 Civ. 6757 (LTS) (MHD), 2009 WL 466136, at *4 (S.D.N.Y. Feb. 25, 2009) ; Shannon v. Fireman's Fund Ins. Co. , 156 F. Supp. 2d 279, 301–02 (S.D.N.Y. 2001). Here, HomeAway's case, once discovery began, could similarly have been pursued with less-partner-heavy staffing.

  2. Tri-Messine Constr. Corp. v. Pavers & Rd. Builders Dist. Council Pension Fund & Its Trs.

    17-CV-455(PKC)(RML) (E.D.N.Y. Jun. 28, 2018)

    The Court also notes that Ms. Mehlsack, a partner at her firm, spent 17.2 hours, comprising more than one-third of her total billable time in this case, doing research, which "can and should be delegated to associates and not conducted by partners at the highest billing rates." New Earthshell Corp. v. Jobookit Holdings Ltd., 14-CV-3602 (JMF), 2015 WL 2152681, at *2 (S.D.N.Y. May 7, 2015), vacated and remanded on other grounds, 634 F. App'x 44 (2d Cir. 2015); Shannon v. Fireman's Fund Ins. Co., 156 F. Supp. 2d 279, 301-02 (S.D.N.Y. 2001). Indeed, the sole substantive issue presented in this case was simple: Plaintiff alleged that this Court's decision in Hoeffner, which was successfully briefed by the same defense attorneys as in this case, was wrongly decided.

  3. Cooper v. Dieugenia

    14-CV-6136 (PKC) (E.D.N.Y. May. 7, 2018)   Cited 6 times
    Noting that certain tasks, including drafting motions in limine, are "more appropriately handled by younger associates" (quoting Shannon v. Fireman's Fund Ins. Co., 156 F. Supp. 2d 279, 301-02 (S.D.N.Y. 2001))

    (Dkt. 87, at 3-5.) Additionally, Marinelli billed a number of hours to legal research and other "numerous entries for tasks more appropriately handled by younger associates", such as drafting motions in limine, shepardizing cases, doing PACER searches, and even drafting this motion for attorneys' fees. (Dkt. 83-2); Shannon v. Fireman's Fund Ins. Co., 156 F. Supp. 2d 279, 301-02 (S.D.N.Y. 2001); see also New Earthshell Corp. v. Jobookit Holdings Ltd., 14-CV-3602 (JMF), 2015 WL 2152681, at *2 (S.D.N.Y. May 7, 2015), vacated and remanded on other grounds, 634 F. App'x 44 (2d Cir. 2015) ("Legal research and first-draft writing are tasks that can and should be delegated to associates and not conducted by partners at the highest billing rates."). Finally, "many of the entries are vague and do not permit a thorough evaluation.

  4. Boaziz v. Torati

    14-CV-8024 (RA) (RLE) (S.D.N.Y. Jun. 1, 2016)   Cited 1 times

    United States Magistrate JudgeSee New Earthshell Corp v. Jobookit Holdings Ltd., 14-CV-3602 (JMF), 2015 WL 2152681, at *1 (S.D.N.Y. May 7, 2015) (finding that a billing rate of $595 for partners is in line with rates that have been approved by courts in the Southern District); Edmons v. Seavey, 08-CV-5646 (HB) (JCF), 2009 WL 1598794 (S.D.N.Y. June 5, 2009) (approving a rate of $600 per hour for a partner at Herrick, Feinstein LLP); Therapy Prods., Inc. v. Bissoon, 07-CV-8696 (DLC) (THK), 2010 WL 2404317, at *5 (S.D.N.Y. Mar. 31, 2010) (approving rates of $430 per hour for fourth-year associate and $295 per hour for second-year associate at Fish & Richardson P.C. as "commensurate with the rates charged by attorneys in New York"); LV v. New York City Dept. of Educ., 700 F. Supp. 2d 510, 520 (S.D.N.Y. 2010) (approving rate of $225-300 per hour for first, second, and third-year associates at Milbank, Tweed, Hadley & McCloy LLP); Tlacoapa v. Carregal, 386 F. Supp. 2d 362, 370 (S.D.N.Y. 2005) (finding $125 per hour for paralegal/assistant time excessive, but appropriate compensation for a junior associate with three years' experienc

  5. Beastie Boys v. Monster Energy Co.

    112 F. Supp. 3d 31 (S.D.N.Y. 2015)   Cited 151 times
    Finding defendant's refusal to admit clear copyright infringement objectively unreasonable

    And there is ample authority in this District, applying the standard of objective reasonableness, for reducing a fee award where the legal hours recorded by plaintiffs' counsel fell unusually heavily on partners with high hourly rates. See, e.g., New Earthshell Corp. v. Jobookit Holdings Ltd., No. 14 Civ. 3602(JMF), 2015 WL 2152681, at *2 (S.D.N.Y. May 7, 2015); Trinidad v. Pret a Manger (USA) Ltd, No. 12 Civ. 6094(PAE), 2014 WL 4670870, at *9 (S.D.N.Y. Sept. 19, 2014); Lucky Brand Dungarees, Inc. v. Ally Apparel Res., LLC, No. 05 Civ. 6757(LTS)(MHD), 2009 WL 466136, at *4 (S.D.N.Y. Feb. 25, 2009); Patrolmen's Benevolent Assoc. of City of N.Y., Inc. v. City of New York, No. 97 Civ. 7895(SAS), 2003 WL 21782675, at *4 (S.D.N.Y. July 31, 2003); Shannon v. Fireman's Fund Ins. Co., 156 F.Supp.2d 279, 301–02 (S.D.N.Y.2001). Here, plaintiffs' case could similarly have been pursued with leaner, less-partner-heavy staffing.