Sanson v. City of New York

Background

Sandra A. Sanson alleged that the defendants wrongfully fired her because of her age, race, and/or sex, in violation of the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law. After the defendants moved to dismiss the complaint, Sanson accepted an offer of judgment under Federal Rule of Civil Procedure 68. The offer provided for judgment of $25,001 in back pay, less applicable deductions and withholdings, plus reasonable attorneys’ fees, expenses, and costs accrued to that point.

Sanson’s counsel requested $123,412.50 in attorneys’ fees and $1,029.17 in costs. The defendants argued that the award should be $37,522.50 in fees and $907.78 in costs. The magistrate judge’s report and recommendation proposed $44,850 in fees and $919 in costs, for a total of $45,769.

Issues and objections

Sanson objected to the recommended reductions in the hourly rates for several attorneys and law clerks at The Kurland Group. She also objected to reducing the billed hours by 40%. The court reviewed specific objections in full and reviewed unchallenged portions for clear error.

The court held that a person who accepts a Rule 68 offer of judgment in this type of case qualifies as a prevailing party entitled to fees and costs under Title VII. It agreed with the recommended hourly rates: $600 for Yetta G. Kurland, $400 for Erica T. Healey-Kagan, $200 for associate work by Kathleen B. Cullum and Brian A. Jasinski, $150 for their law-clerk work, and $150 for Samantha Weiss’s work.

The court also agreed that many billing entries were too vague and that some entries covered administrative or ministerial tasks that should not be charged. It rejected, however, a reduction based on limited success because the record did not show that Sanson’s claims had little hope of success or that her efforts were likely to fail.

Ruling

Judge Analisa Torres overruled Sanson’s objections in part. The court applied a 20% reduction to the hours billed by each timekeeper instead of the 40% reduction recommended by the magistrate judge. The report and recommendation was adopted in part and rejected in part.

The court awarded Sanson $60,198 in attorneys’ fees and $919 in costs, for a total award of $61,117. The Clerk of Court was directed to terminate the fee motion and close the case.