Opinion
No. 99 C 6809
March 7, 2002
OPINION
In October 1999, Plaintiff Megan Brooks brought her Title VII claim against Ford Motor Company in this Court. In December 1999, these proceedings were stayed pending the outcome of a class action before Judge Elaine Bucklo (the "Class Action"), Warnell et al. v. Ford Motor Company, Case No. 98 C 1508, and Rapier v. Ford Motor Company, Case No. 98 C 5287, where Brooks was a member of the plaintiff class.
Brooks pursued her claim in connection with the Class Action and the class Action was settled in April 2001. On November 30, 2001, Brooks received a letter from the Ford Class Action settlement Monitors informing her she was awarded $25,000 for the claim she submitted in connection with the Class Action settlement. Her award was contingent upon the execution of a release, which she presumably signed as she includes a copy of the $25,000 check as an exhibit to her reply brief.
Brooks now seeks attorney's fees, costs, and expenses before this Court on the theory that she is the prevailing party in the instant case. Brooks is not entitled to attorney's fees in connection with Attorney Uche O. Asonye's representation of Brooks before this Court because, simply put, Brooks did not prevail in the matter before this Court. On April 26, 2001, after the Class Action reached a settlement, I ordered that this case be deemed dismissed with prejudice if it was not reinstated before July 5, 2001. The purpose of the reinstatement deadline was to allow Brooks the opportunity to reinstate this case if she did not accept the Class Action settlement. I subsequently granted successive motions by Brooks to extend the reinstatement deadline. The most recent deadline of March 4, 2002 has expired and Brooks has not sought reinstatement.
Asonye seems to believe that, because he represented Brooks in the instant case and also assisted in the preparation of documents in connection with the Class Action, the matters are linked. The Class Action settlement pursuant to which Brooks obtained an award, and any representation by Asonye in that matter, has nothing to do with the matter before me. Accordingly, I am in no position to award Brooks attorney's fees in that matter or to determine whether her $25,000 award was meant to include attorney's fees (although it seems clear to me that the Class Action settlement documents separately provide for attorney's fees for class counsel and the $25,000 award was meant for Brooks and Brooks alone).
Asonye's attorney's lien refers to the matter of "Megan Brooks v. Ford Motor Company," a separate action from the Class Action in accordance with which the $25,000 award was made. He does not appear to have perfected a lien in connection with the Class Action.
For the foregoing reasons, Plaintiff's petition for an award of attorney's fees, expenses and costs pursuant to 42 U.S.C. § 2000e-5 [12-1] is DENIED. This case is DISMISSED with prejudice.