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S.D.N.Y.Procedural orderFiled Sept. 23, 2024

Joaquin v. New York Athletic Club

Judge
Gabriel Gorenstein
Docket
1:23-cv-01235
Court
U.S. District Court · Southern District of New York
Pages
1
Fee PetitionCivil Procedure
In one sentence

In Joaquin v. New York Athletic Club, Judge Gorenstein ordered the parties to file any missing retainer agreement by September 30, 2024.

Who this affects

The plaintiffs and New York Athletic Club, who were directed to file a letter attaching any retainer agreement by September 30, 2024.

What happened

In Franklin Joaquin et al. v. New York Athletic Club, the court addressed an application that had to follow the court’s earlier instructions and the requirements discussed in Cheeks v. Freeport Pancake House, Inc.

The court’s July 22, 2024 order required the parties to attach any retainer agreement to their application. Their filing did not include one, so the court directed them to file a letter attaching any such agreement by September 30, 2024.

Judge Gabriel W. Gorenstein issued the order on September 23, 2024. The order directed the parties to provide the missing agreement; it did not otherwise rule on the application.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Joaquin v. New York Athletic Club · No. 1:23-cv-01235
Judge
Gabriel Gorenstein
Date
Sept. 23, 2024

Background

The court’s July 22, 2024 order, docket number 73, required the parties to attach a copy of any retainer agreement to their application under the review framework discussed in Cheeks v. Freeport Pancake House, Inc. The opinion also cites a decision stating that the reasonableness of an attorney-fee request under that framework may be judged solely from the percentage agreed to in the retainer agreement.

Missing Document

The parties’ application did not include a retainer agreement. The opinion does not identify the terms of the application or state whether a retainer agreement exists.

Order

Judge Gabriel W. Gorenstein directed the parties, on or before September 30, 2024, to file a letter attaching any such agreement. The court entered the order as an administrative direction concerning the application; it did not otherwise grant or deny the application.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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