RL 900 Park, LLC v. Ender
- Kevin Fox
- 1:18-cv-12121
- U.S. District Court · Southern District of New York
- 8
In RL 900 Park v. Ender, Magistrate Judge Fox denied RL 900 Park’s request for settlement-conference attorneys’ fees and costs.
RL 900 Park LLC’s request for reimbursement was denied. The ruling concerned Simone Ender’s possible sanctions exposure for missing the settlement conference, but the court did not impose the requested fees or costs.
What happened
RL 900 Park LLC asked the court to make Simone Ender pay the attorneys’ fees and travel costs connected with a settlement conference. The request followed Ender’s failure to attend, although the court’s order required the parties to attend.
The court found that Ender disobeyed the settlement-conference order and could have been sanctioned. But the conference still occurred with Monique Ender Silberman, and the plaintiff did not provide enough detailed time records to show that its requested fees were reasonable or caused by Ender’s absence. The court also found that the travel costs would have been incurred even if Ender had attended.
In RL 900 Park LLC v. Ender, Judge Kevin Nathaniel Fox denied the motion for attorneys’ fees and costs under Federal Rule of Civil Procedure 16(f) and the court’s inherent authority.
The detailed version
- RL 900 Park, LLC v. Ender · No. 1:18-cv-12121
- Kevin Fox
- Nov. 27, 2019
Background
RL 900 Park LLC brought an action involving a promissory note, a security interest, and a mortgage on a condominium. The motion addressed in this opinion concerned only whether Simone Ender should reimburse RL 900 Park for attorneys’ fees and costs related to a May 14, 2019 settlement conference.
A March 25, 2019 court order required the parties to attend the conference. The court’s procedures also required the parties—not only their lawyers—to attend and to submit an attendance acknowledgment form at least three business days before the conference. The procedures warned that a party who failed to bring all required persons could be required to reimburse other parties for their time and travel expenses.
Ender’s counsel submitted the attendance form late, the afternoon before the conference. The form stated that Monique Ender Silberman would attend for herself and Ender’s elderly mother. The opinion states that it was unclear how Silberman could appear for Ender in Ender’s role as executrix of the estate of Paul Anthony Ender. At the conference, the court learned that Ender was ill and could not attend. The opinion states that the nature of her illness was not identified or explained, and that Ender did not ask the court for permission to be absent or request an adjournment. The conference proceeded with Silberman and RL 900 Park, but no settlement was reached.
Requested Fees and Costs
RL 900 Park sought reimbursement for legal services and travel expenses. It stated that its lawyers and other law-firm personnel spent 31.8 hours preparing for and attending the conference. The plaintiff claimed $11,710 in legal fees, but the court identified an arithmetic error and calculated the listed time and rates as totaling $11,630. The plaintiff also sought $1,028.61 for airfare, taxi fares, and lodging.
The requested legal work included preparing for the conference, reviewing loan documents, calculating default interest and the loan payoff, communicating about an adjournment request, attending the conference, and preparing the fee motion.
Court’s Analysis
Federal Rule of Civil Procedure 16(f) allows a court to issue appropriate sanctions when a party fails to appear at a pretrial conference, is substantially unprepared or does not participate in good faith, or fails to obey a scheduling or other pretrial order. The court also explained that it has inherent power to control its proceedings, but must use that power with restraint and discretion.
The court found that Ender disobeyed the March 25 order by failing to attend the settlement conference with her counsel and by not obtaining permission to be absent. That failure exposed her to possible sanctions under Rule 16(f) and the court’s inherent authority. However, the court declined to award all of the fees and costs requested because the conference went forward with Silberman. The preparation and travel therefore were not entirely wasted.
The court also found that RL 900 Park had not submitted contemporaneous time records showing, for each lawyer, the date, hours, and nature of the work. Without that information, the court could not determine which preparation related to negotiating with Ender, which related to negotiating with Silberman, or what each law-firm worker did. The court further stated that it was unclear why so many law-firm personnel were needed for preparation in this action. A description in a legal memorandum was not evidence sufficient to resolve those issues.
The court rejected the travel-cost request as well. Because the settlement conference occurred and Slade participated with Silberman, the court found that the airfare, ground transportation, and lodging would have been incurred even if Ender had attended.
Disposition
The court denied RL 900 Park LLC’s motion for attorneys’ fees and costs, exercising its discretion under Rule 16(f) and its inherent power. The opinion did not decide the underlying claims concerning the promissory note, security interest, or mortgage. The plaintiff was directed to serve the defendants with the Memorandum and Order and file proof of service with the clerk.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.