Vasquez v. NS Luxury Limousine Service Ltd.
- Alison Nathan
- 1:18-cv-10219
- U.S. District Court · Southern District of New York
- 6
In Vasquez v. NS Luxury Limousine, Judge Nathan granted Plaintiffs’ unopposed fee motion, awarding fees, costs, and prejudgment interest.
Plaintiffs Vasquez and Martinez received the attorneys’ fees, costs, and prejudgment-interest awards described in the order; Defendants are affected by those awards and the possible 15-percent increase in the unpaid New York Labor Law judgment.
What happened
In Vasquez v. NS Luxury Limousine Service Ltd., the plaintiffs brought a wage-and-hour case under the Fair Labor Standards Act and New York Labor Law. The court had previously granted the plaintiffs’ summary-judgment motion and denied the defendants’ motion.
The plaintiffs asked for $35,481.25 in attorneys’ fees and $1,867.23 in costs. They also requested prejudgment interest on their New York wage damages. The defendants did not oppose the request.
Judge Nathan granted the motion. The court awarded the requested fees and costs, ordered nine-percent annual simple prejudgment interest calculated from specified dates for Vasquez and Martinez, and directed the Clerk to enter judgment and close the case.
The detailed version
- Vasquez v. NS Luxury Limousine Service Ltd. · No. 1:18-cv-10219
- Alison Nathan
- Feb. 8, 2022
Background
Plaintiffs brought this wage-and-hour action under the Fair Labor Standards Act and the New York Labor Law. On March 31, 2021, the Court granted summary judgment for Plaintiffs, denied Defendants’ summary-judgment motion, and directed Plaintiffs to submit materials concerning attorneys’ fees, costs, and prejudgment interest. Plaintiffs then filed an unopposed motion for attorneys’ fees.
Attorneys’ Fees
The Court explained that a prevailing plaintiff in an action under the Fair Labor Standards Act or New York Labor Law is entitled to reasonable attorneys’ fees and costs. It calculated the presumptively reasonable fee by considering reasonable hourly rates and the number of reasonably expended hours.
Plaintiffs submitted contemporaneous billing records for David Stein, a partner, and David Nieporent, a senior associate. The requested rates were $425 per hour for Stein and $325 per hour for Nieporent. Plaintiffs’ counsel reported 106.8 hours of work and requested $35,481.25 in attorneys’ fees. The Court found both the hourly rates and the hours reasonable, noting that the work included preparing the complaint, handling discovery, conducting depositions, participating in settlement discussions, and briefing the cross-motions for summary judgment.
The Court therefore awarded Plaintiffs $35,481.25 in attorneys’ fees.
Costs
Plaintiffs requested $1,867.23 in costs, consisting of a $400 filing fee, $340 in service fees, $1,018.50 in deposition fees, and $108.73 in travel fees. The Court found the requested costs reasonable and supported by the record and awarded Plaintiffs $1,867.23 in costs.
Prejudgment Interest
The Court held that the New York Labor Law requires prejudgment interest in addition to liquidated damages. It applied a nine-percent annual simple-interest rate. For Vasquez, interest was to be calculated from February 24, 2017, and for Martinez, from August 31, 2017, through the date of judgment.
The Court also stated that, under the New York Labor Law, if amounts awarded under that law remain unpaid more than 90 days after issuance of judgment—or more than 90 days after the appeal period ends when no appeal is pending, whichever is later—the total judgment automatically increases by 15 percent.
Disposition
The Court granted Plaintiffs’ unopposed motion for attorneys’ fees, awarded $35,481.25 in attorneys’ fees and $1,867.23 in costs, awarded nine-percent annual simple prejudgment interest using the specified starting dates, and directed the Clerk of Court to enter judgment and close the case. The order resolved docket number 103.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.