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S.D.N.Y.Procedural orderFiled Sept. 23, 2020

28th Highline Associates, L.L.C. v. Roache

Judge
Vernon Broderick
Docket
1:18-cv-01468
Court
U.S. District Court · Southern District of New York
Pages
3
Fee PetitionCivil ProcedurePro Se
In one sentence

28th Highline Associates v. Roache: Judge Broderick adopted a recommendation awarding the plaintiff $412,956.50 in fees and $53,625.46 in costs.

Who this affects

28th Highline Associates, L.L.C. received $412,956.50 in attorneys’ fees and $53,625.46 in costs; Iain Roache was ordered to receive a copy of the order and was identified as proceeding without a lawyer.

What happened

28th Highline Associates, L.L.C. v. Roache involved the plaintiff’s request for attorneys’ fees and costs after judgment was entered in its favor against Roache.

Neither party objected to Magistrate Judge Katharine H. Parker’s recommendation that the request be granted. The recommendation proposed $412,956.50 in attorneys’ fees and $53,625.46 in costs.

Judge Vernon S. Broderick found no clear error, adopted the recommendation in its entirety, and granted the plaintiff’s motion for attorneys’ fees. The court also directed the Clerk’s Office to close open motions and mail the order to the pro se defendant.

The detailed version

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

Case
28th Highline Associates, L.L.C. v. Roache · No. 1:18-cv-01468
Judge
Vernon Broderick
Date
Sept. 23, 2020

Background

Judgment was entered in favor of 28th Highline Associates, L.L.C. against Iain Roache on February 25, 2019. The plaintiff then moved for attorneys’ fees and costs. Roache opposed the motion and separately requested a stay while his appeal to the Second Circuit was pending. Magistrate Judge Katharine H. Parker denied the stay request but extended Roache’s time to submit a proper opposition.

Report and Recommendation

On July 29, 2019, Magistrate Judge Parker issued a Report and Recommendation recommending that the plaintiff’s motion be granted. She recommended an award of $412,956.50 in attorneys’ fees and $53,625.46 in costs. Neither party filed an objection.

When no party objects to a magistrate judge’s Report and Recommendation, the district court reviews it for clear error, meaning an obvious mistake. Judge Broderick reviewed the recommendation under that standard and found no clear error.

Ruling

Judge Broderick adopted the Report and Recommendation in its entirety. The court granted the plaintiff’s motion for attorneys’ fees and awarded 28th Highline Associates, L.L.C. $412,956.50 in attorneys’ fees and $53,625.46 in costs. The Clerk’s Office was directed to terminate any open motions and mail a copy of the order to Roache, who was proceeding without a lawyer.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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