Opinion
17 Civ. 8943 (CS) (JCM)
03-30-2021
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, SPRING VALLEY BRANCH; JULIO CLERVEAUX; CHEVON DOS REIS; ERIC GOODWIN; JOSE VITELIO GREGORIO; DOROTHY MILLER; HILLARY MOREAU; and WASHINGTON SANCHEZ, Plaintiffs, v. EAST RAMAPO CENTRAL SCHOOL DISTRICT and MARYELLEN ELIA, IN HER CAPACITY AS THE COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK, Defendants.
[PROPOSED] JUDGMENT
HON. CATHY SEIBEL, U.S.D.J.
WHEREAS, the above-captioned matter, having come before trial, and this Court having found for Plaintiffs and having found that Plaintiffs are entitled to a fee award under 52 U.S.C. § 10310(e), and having awarded Plaintiffs attorneys' fees and costs, including expert fees;
WHEREAS, Plaintiffs filed Plaintiffs' Motion for Attorneys' Fees and Costs, ECF No. 598, the District filed a Memorandum of Law in Opposition to Plaintiffs' Motion for Attorneys' Fees and Costs, ECF No. 631, and Plaintiffs filed a Reply Memorandum of Law in Support of Plaintiffs' Motion for Attorneys' Fees and Costs, ECF No. 649;
WHEREAS, Magistrate Judge McCarthy issued a Report and Recommendation (the “R&R”), ECF No. 671;
WHEREAS, Plaintiffs filed Plaintiffs' Objection to Magistrate Judge McCarthy's R&R, ECF No. 674, the District filed the District's Objection to the R&R, ECF No. 676, and Plaintiffs and the District had the opportunity to respond to the other's objections, ECF Nos. 681 and 682;
WHEREAS, this Court held a hearing on March 5, 2021 in which all parties were represented by counsel and provided an opportunity to be heard;
WHEREAS, this Court delivered its decision on the fee dispute between the parties during the March 5, 2021 hearing;
WHEREAS, this Court, having considered all of the above submissions and the R&R, has adopted certain findings in the R&R and overruled and modified certain other findings in the R&R consistent with the law and for the reasons stated during the March 5, 2021 hearing;
WHEREAS, this Court found that Plaintiffs are entitled to a fee award of $3, 902, 452 on account of the work of Latham & Watkins LLP, $924, 826.04 on account of the work of the New York Civil Liberties Union, $192, 463.92 in expert witness fees, and $426, 398.03 in costs, for a total fee award of $5, 446, 139.99;
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
1. Judgment is hereby entered in favor of Plaintiffs for a fee award in the amount of $5, 446, 139.99 plus daily interest following March 3(0 2021, at the prevailing statutory postjudgment interest rate pursuant to 28 U.S.C. 1961. Defendants shall pay the award plus accrued interest to Plaintiffs on or before October 15, 2021.
As this Order resolves the final open matter in this case, the Clerk shall close the case.