Weng v. Kung Fu Little Steamed Buns Ramen, Inc.
- Loretta Preska
- 1:17-cv-00273
- U.S. District Court · Southern District of New York
- 5
In Weng v. Kung Fu, Judge Preska granted plaintiffs’ fee motion, awarding $80,253.50 in fees and $5,169.93 in costs after their wage-law trial victory.
The plaintiffs received an award of $80,253.50 in attorney’s fees and $5,169.93 in costs; the defendants disputed the amount of the award, and the parties’ counsel were directed to submit a proposed judgment addressing the plaintiffs’ damages and interest.
What happened
In Weng v. Kung Fu Little Steamed Buns Ramen, Inc., the plaintiffs asked the court to award attorney’s fees and costs after a jury ruled for them on at least some wage claims under federal and New York law. The defendants did not dispute that the plaintiffs could recover fees, but challenged the amount.
Judge Preska found the requested rates and hours reasonable in most respects. She reduced John Troy’s hours by 20 percent and applied different rates to different portions of his work, while finding the other lawyers’ and staff members’ hours and the claimed costs reasonable.
Judge Loretta A. Preska granted the motion to the extent of awarding $80,253.50 in attorney’s fees and $5,169.93 in costs. She also directed counsel to submit a proposed judgment addressing specified wage damages, statutory damages, and prejudgment interest for each plaintiff.
The detailed version
- Weng v. Kung Fu Little Steamed Buns Ramen, Inc. · No. 1:17-cv-00273
- Loretta Preska
- May 21, 2021
Background
The plaintiffs applied for attorney’s fees and costs in their wage-related action under the Fair Labor Standards Act and New York Labor Law. After a four-day jury trial, the jury ruled for the plaintiffs, making them prevailing parties on at least some claims. Both statutes allow a prevailing employee to recover reasonable attorney’s fees and costs. The defendants did not dispute the plaintiffs’ entitlement to an award but disputed its amount.
The plaintiffs requested fees for 251.05 hours and $5,169.93 in costs. They proposed hourly rates of $600 for senior partner John Troy, $400 for associate Schweitzer, $350 for associate Byun, $200 for office manager Kilaru, $150 for paralegal and interpreter Troy, and $150 for Huang’s certified public accountant work.
Court’s analysis
The court adopted hourly rates previously awarded by Judge Koeltl for several of the same lawyers in a related wage case: $550 for John Troy, $350 for Schweitzer, $350 for Byun, $150 for the paralegal and interpreter Troy, and $200 for Kilaru. The court also found Huang’s $150 hourly rate reasonable under the circumstances.
The court found the hours claimed for the other lawyers and staff reasonable. It found that some of John Troy’s time reflected associate- or paralegal-level work, that his client-intake meetings were unusually long, and that certain tasks, including drafting and reviewing the complaint, took excessive time. The court therefore reduced his hours by 20 percent, to 76.9 hours. It found a $550 hourly rate reasonable for half of those hours and a $300 rate reasonable for the other half, producing $32,682.50 for his work.
The court found the claimed costs, including interpreter fees, reasonable.
Ruling
Judge Loretta A. Preska granted the plaintiffs’ motion for attorney’s fees and costs to the extent of $80,253.50 in fees and $5,169.93 in costs. The clerk was directed to close the motion. The court also directed counsel to confer and submit a proposed judgment with spaces for each plaintiff’s compensatory damages for unpaid wages under New York law, New York liquidated damages, statutory damages for specified New York Labor Law violations, and prejudgment interest.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.