Suarez v. Liquid Blue, Inc.

Background

Alvin Suarez brought this proposed class action against Liquid Blue, Inc., alleging that Liquid Blue’s website did not provide blind and visually impaired people equal access to its goods and services. The claims were brought under the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law.

On May 7, 2024, the court sanctioned Liquid Blue under Federal Rule of Civil Procedure 37 for failing to obey discovery orders. The sanction required Liquid Blue to pay Suarez’s reasonable attorneys’ fees and costs incurred to obtain the discovery to which he was entitled. The court directed Suarez to file a fee application and Liquid Blue to respond. Suarez requested $8,160 in attorneys’ fees for 20.4 hours of work at $400 per hour. Liquid Blue did not respond.

Court’s Analysis

The court applied the lodestar method, which calculates a fee award by multiplying a reasonable hourly rate by a reasonable number of hours. The party requesting fees must show that both the rate and the hours are reasonable.

The court found that $300 per hour was an appropriate rate for Suarez’s discovery-related work. Although courts had approved rates of $350 to $425 per hour in some Americans with Disabilities Act cases, the discovery work here was not particularly complex and did not involve great risk. The court also found that the hours Suarez submitted from January 3, 2024, through May 6, 2024, were reasonable and incurred to obtain discovery, except for the hours from February 20, 2024, through March 6, 2024.

Ruling

The court granted in part and denied in part Suarez’s motion for attorneys’ fees and costs. It awarded Suarez $3,960 in attorneys’ fees, calculated as 13.2 reasonable hours multiplied by $300 per hour. Liquid Blue was ordered to pay that amount by June 20, 2024. The court directed the Clerk of Court to close Docket No. 24.