Cocuzza v. Rockland County
- Kenneth Karas
- 7:17-cv-08217
- U.S. District Court · Southern District of New York
- 2
In Cocuzza v. Rockland County, Judge Karas adopted the recommendation and granted Cocuzza’s attorney-fee motion in part for $16,433.55.
Joseph Cocuzza’s counsel receives the $16,433.55 award, consisting of attorney’s fees, fees for paralegal tasks, and costs; the order resolves Cocuzza’s fee motion against Rockland County, New York, and Sherriff Louis Falco, III.
What happened
Joseph Cocuzza asked the court to award attorney’s fees and costs after accepting a $15,000 offer of judgment from Rockland County and Sheriff Louis Falco, III. A magistrate judge recommended awarding $16,433.55.
No one objected to that recommendation. The court therefore reviewed it only for clear error on the face of the record and found none.
Judge Kenneth M. Karas adopted the recommendation in full and granted Cocuzza’s motion for attorney’s fees in part, awarding $16,433.55 payable to his counsel. The clerk was asked to close the pending motion.
The detailed version
- Cocuzza v. Rockland County · No. 7:17-cv-08217
- Kenneth Karas
- Dec. 2, 2019
Background
Joseph Cocuzza moved for attorney’s fees and costs under 42 U.S.C. § 1988(b), which allows a court to award reasonable fees and costs to the prevailing party in a lawsuit brought under 42 U.S.C. § 1983. After summary-judgment motion practice, Cocuzza received and accepted a $15,000 offer of judgment from the defendants. The court approved that offer on April 17, 2019.
Report and Recommendation
On November 7, 2019, Magistrate Judge Paul E. Davison recommended granting the fee motion in part. The recommendation awarded $15,396.00 in attorney’s fees and fees for paralegal tasks, plus $1,037.55 in costs, for a total of $16,433.55. The recommendation warned that objections were due within 14 days and that failing to object would prevent later appellate review of the resulting order or judgment. No objections were filed.
Court’s Review and Ruling
Because there were no objections, Judge Kenneth M. Karas reviewed the recommendation only for clear error on the face of the record. Finding no clear error, he adopted the recommendation in its entirety. The court ordered that Cocuzza’s motion for attorney’s fees was granted in part in the amount of $16,433.55, with the award payable to Cocuzza’s counsel. The clerk was asked to terminate the pending motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.