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S.D.N.Y.Procedural orderFiled Dec. 6, 2024

Saberi v. Correa

Judge
Valerie Caproni
Docket
1:24-cv-05276
Court
U.S. District Court · Southern District of New York
Pages
2
Fee PetitionCivil Procedure
In one sentence

In Saberi v. Correa, Judge Caproni granted in part Saberi’s fee application, awarding $22,162.35 after deducting $3,936.00.

Who this affects

Durand Henry Saberi, who received the reduced award of attorney’s fees, costs, and expenses; Sebastian Londono Correa, against whom the court had entered the default judgment and whose case was closed.

What happened

In Saberi v. Correa, the court had already entered a default judgment for Durand Henry Saberi and awarded him $83,358.35 in damages. The court had also awarded attorney’s fees and costs related to the lawsuit and the default-judgment motion.

Saberi asked for $26,098.35 in attorney’s fees, costs, and expenses based on 55.6 hours of work. The court found a $336 double charge for serving legal papers and determined that eight hours spent on the default-judgment motion were excessive or could have been performed by someone other than an attorney.

Judge Valerie Caproni granted Saberi’s fee application in part, deducted $3,936.00, and awarded $22,162.35 in attorney’s fees, costs, and expenses. She also directed the Clerk of Court to close the case.

The detailed version

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

Case
Saberi v. Correa · No. 1:24-cv-05276
Judge
Valerie Caproni
Date
Dec. 6, 2024

Background

On November 15, 2024, the Court entered a default judgment in favor of Plaintiff Durand Henry Saberi and awarded $83,358.35 in damages. The Court also awarded Plaintiff attorney’s fees and costs incurred in connection with the lawsuit and the motion for default judgment.

On November 19, 2024, Plaintiff submitted an application seeking $26,098.35 in attorney’s fees, costs, and expenses for 55.6 hours of work.

Court’s Analysis

The Court explained that fee applications require an examination of the hours counsel worked and the value of that work to the client’s case. Courts may reduce claimed hours that are excessive, redundant, or unnecessary.

The Court identified a $336 double charge on an invoice for serving the pleadings. It also reviewed 28.2 hours counsel spent on the motion for default judgment, totaling $13,095.00 in fees. The Court concluded that some tasks, including preparing exhibits and filing the motion, did not need to be performed by an attorney, and that the overall time spent drafting the motion was excessive.

The Court therefore deducted eight hours at Mr. Rothman’s hourly rate of $450, resulting in a $3,600.00 reduction. Together with the $336 double-billing reduction, the total deduction was $3,936.00.

Ruling

Judge Valerie Caproni ordered that Plaintiff’s application for attorney’s fees be granted in part. The Court awarded Plaintiff $22,162.35 in attorney’s fees, costs, and expenses. The Court also directed the Clerk of Court to close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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