Wu v. Lan Sheng Szechuan Food Inc

Background

The plaintiff filed a letter motion seeking costs and attorney’s fees under Rule 37 of the Federal Rules of Civil Procedure. The request concerned a March 9, 2020 settlement conference. The plaintiff asserted that defendants violated paragraph 6 of the court’s standing order by failing to bring an experienced simultaneous interpreter for a party who did not speak fluent English. The plaintiff stated that the conference was adjourned because of that failure.

Requested amounts and positions

The plaintiff sought $225 for the interpreter’s three-hour minimum service charge and $1,150 in attorney’s fees. The requested attorney’s fees covered an attorney’s participation in and travel to the settlement conference, as well as preparation of the fee application. The plaintiff argued that defendants should pay the full interpreter expense because the expense resulted from their noncompliance. The plaintiff also argued that Rule 37 permitted recovery of fees incurred in seeking reimbursement.

According to the letter, defendants refused to pay the full amount and responded that the parties were required to share the interpreter’s fees.

Court’s action

Judge Gabriel W. Gorenstein’s April 22, 2020 endorsement did not grant or deny the requested costs or fees. It ordered defendants to respond to the plaintiff’s letter by April 29, 2020. The text provided does not contain a later ruling on the fee request.