Rosario v. 251 E. 123rd St. Realty, LLC

Background

The order states that Judge Jed S. Rakoff granted summary judgment in Manuel de Jesus Rosario’s favor on May 27, 2021. On the same date, Judge Rakoff referred the matter to Magistrate Judge Debra Freeman to conduct an inquest into the amount of reasonable attorneys’ fees and costs that should be awarded against Jose Palma, Jose Palma, Jr., and The Jose Palma Irrevocable Trust.

Required Fee Submission

The court ordered Rosario to serve the defendants and file a fee application by July 6, 2021. The application had to detail the attorneys’ fees and costs sought and include:

- The attorneys’ contemporaneous time records, so the court could assess whether the requested fees were reasonable; - Information addressing whether the hourly rates for the attorneys and support staff were reasonable; and - Invoices or other documentation supporting the costs incurred.

Response and Hearing

The defendants could file a response by August 5, 2021. If they did not respond by that date, the court stated that it would prepare a report and recommendation concerning attorneys’ fees based only on Rosario’s written submission. The court also stated that it would not hold a hearing unless the defendants requested one in writing by August 5, 2021.

Disposition

Magistrate Judge Debra Freeman entered a scheduling order governing the attorneys’ fees and costs inquest. The order did not determine the amount of fees or costs to be awarded. It also did not alter Judge Rakoff’s earlier summary-judgment ruling.