Hulinsky v. Westch
- Philip Halpern
- 7:22-cv-06950
- U.S. District Court · Southern District of New York
- 2
In Hulinsky v. Westch, Judge Halpern indefinitely postponed proposed-judgment and fee deadlines and ordered a response to Plaintiffs’ request to delay fee consideration.
Plaintiffs’ deadlines to file a proposed final judgment and a fee application were postponed indefinitely. Defendant must respond by September 15, 2025, to Plaintiffs’ request to delay consideration of attorney’s fees.
What happened
In Hulinsky v. Westch, Plaintiffs asked for more time to submit a proposed final judgment and a request for attorney’s fees. They also asked the court to delay considering fees until an expected appeal about a statutory “follow and harass” provision is resolved.
The court indefinitely postponed the parties’ deadline to file a proposed final judgment and Plaintiffs’ deadline to file their fee application. The court ordered Defendant to respond by September 15, 2025, to Plaintiffs’ request to delay consideration of attorney’s fees.
Judge Philip Halpern’s order did not decide whether the court will defer the fee question until after the appeal. It only set Defendant’s response deadline and postponed the existing filing deadlines.
The detailed version
- Hulinsky v. Westch · No. 7:22-cv-06950
- Philip Halpern
- Sept. 8, 2025
Background
Plaintiffs requested a three-week extension, from September 11 to October 2, 2025, for submitting a proposed final judgment and a fee application. Plaintiffs’ counsel stated that the attorney preparing the fee application had other impending deadlines and needed additional time to analyze fee issues, including fees in cases involving nominal damages. The request for this extension was made with opposing counsel’s consent.
Plaintiffs also asked the court to postpone consideration of attorney’s fees until after their contemplated appeal from the expected final judgment concerning Chapter 425’s “follow and harass” provision in § 425.31(c), which incorporates a definition of “harass” in § 425.21(a). The letter stated that the County opposed this request but agreed to respond without a reply from Plaintiffs, subject to the court’s approval.
Court’s Action
The court adjourned indefinitely the parties’ deadline to file a proposed final judgment and Plaintiffs’ deadline to file their fee application. The court ordered Defendant to respond to Plaintiffs’ request to defer consideration of attorney’s fees until the contemplated appeal is resolved by September 15, 2025.
What the Order Decides
The order addresses filing deadlines and the procedure for responding to Plaintiffs’ request. It does not state that the court granted or denied the request to defer consideration of attorney’s fees. The opinion also does not decide the contemplated appeal or otherwise explain the final judgment’s substance.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.