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S.D.N.Y.Procedural orderFiled Mar. 23, 2021

Sarwar v. Expert Hospitality LLC

Judge
Lorna Schofield
Docket
1:20-cv-10529
Court
U.S. District Court · Southern District of New York
Pages
2
Fee PetitionCivil Procedure
In one sentence

In Sarwar v. Expert Hospitality LLC, Judge Schofield adopted a fee recommendation and awarded Sarwar $5,000 in fees and $865 in costs.

Who this affects

Saim Sarwar received an award of $5,000.00 in attorney’s fees and $865.00 in costs and expenses; Expert Hospitality LLC was the opposing party.

What happened

In Sarwar v. Expert Hospitality LLC, a magistrate judge recommended granting part of Saim Sarwar’s request for attorney’s fees, costs, litigation expenses, and expert fees. The deadline for objections was March 17, 2021, and no timely objections were filed.

Judge Schofield reviewed the recommendation for clear error, the limited review used when no timely objection is filed. She found no clear error in the record.

Judge Schofield adopted the recommendation, awarded Sarwar $5,000 in attorney’s fees and $865 in costs and expenses, and directed the Clerk of Court to close the motion and the case.

The detailed version

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

Case
Sarwar v. Expert Hospitality LLC · No. 1:20-cv-10529
Judge
Lorna Schofield
Date
Mar. 23, 2021

Background

On March 3, 2021, Judge Aaron issued a Report and Recommendation recommending that Saim Sarwar’s motion for attorney’s fees, costs, litigation expenses, and expert fees be granted in part. The recommendation stated that objections were due by March 17, 2021. No timely objections were filed.

Review of the Recommendation

Under 28 U.S.C. § 636(b)(1)(C), a district judge may accept, reject, or modify a magistrate judge’s findings or recommendations. When no timely objection is filed, the district court reviews the record for clear error, meaning an obvious mistake. The court found no clear error on the face of the record.

Ruling

Judge Lorna G. Schofield ordered that the Report and Recommendation be adopted. For the reasons stated in that recommendation, the court awarded Saim Sarwar $5,000.00 in attorney’s fees and $865.00 in costs and expenses: a $400.00 filing fee, $140.00 for service of process, and $325.00 in expert fees. The Clerk of Court was directed to close the motion at docket number 24 and the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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