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S.D.N.Y.Procedural orderFiled Nov. 2, 2022

Munive v. Furniture Direct Outlet Inc.

Judge
Figueredo
Docket
1:19-cv-09576
Court
U.S. District Court · Southern District of New York
Pages
2
Fee PetitionCivil Procedure
In one sentence

In Munive v. Furniture Direct Outlet, Magistrate Judge Figueredo ordered plaintiff to document requested fees and costs or proceed without an award.

Who this affects

Plaintiff Candido Tepox Munive, to the extent he seeks attorneys’ fees and litigation costs.

What happened

Munive v. Furniture Direct Outlet Inc. concerns the plaintiff’s request for attorneys’ fees and litigation costs in an ongoing damages proceeding.

The court had previously directed the plaintiff to provide time records, explain the reasonableness of requested hourly rates, and submit invoices or other proof of costs. The plaintiff’s proposed findings did not include that information.

Magistrate Judge Valerie Figueredo ordered the plaintiff to submit the supporting documents by November 18, 2022, if the plaintiff wanted fees and costs. Otherwise, the court said it would issue a report and recommendation without awarding fees and costs.

The detailed version

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

Case
Munive v. Furniture Direct Outlet Inc. · No. 1:19-cv-09576
Judge
Figueredo
Date
Nov. 2, 2022

Background

On June 17, 2021, the court ordered the plaintiff to submit proposed findings. For any request for attorneys’ fees and litigation costs, the court required contemporaneous time records, information addressing whether the attorneys’ and support staff’s hourly rates were reasonable, and invoices or other documents supporting the claimed costs.

The plaintiff’s proposed findings did not provide information about attorneys’ fees or litigation costs.

Order

The court directed the plaintiff to submit the required supporting documentation by November 18, 2022, if the plaintiff was seeking an award of attorneys’ fees and litigation costs. If the plaintiff did not submit that documentation, the court stated that it would issue a report and recommendation on the damages proceeding without an award of attorneys’ fees and costs. The order did not itself award or deny fees and costs.

The authoritative version

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

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