Pardovani v. Crown Building Maintenance Co.

Background

John Pardovani brought eight claims against Crown Building Maintenance Co., doing business as Able Building Maintenance, Jazz at Lincoln Center, Inc., Richard Cruz, and Joe Miele. Five claims alleged race discrimination under 42 U.S.C. § 1981, Title VII, and the New York City Human Rights Law. Three additional claims alleged retaliation under those statutes. Miele also brought a counterclaim alleging that Pardovani defamed him.

After a nine-day jury trial in November 2022, the jury found that Pardovani had proved race-based discrimination or a hostile work environment under § 1981, Title VII, and the New York City Human Rights Law. The jury awarded Pardovani $800,000 in compensatory damages and $1,000,000 in punitive damages. It found that Pardovani had not proved retaliation and found for Miele on the defamation counterclaim, awarding Miele $1.

Phillips & Associates, PLLC, which represented Pardovani through trial on a contingency basis, later moved for attorneys’ fees, expenses, and costs under 42 U.S.C. § 1988. The firm requested $326,528 in fees and $17,362.92 in expenses, for a total of $343,890.92. Phillips & Associates subsequently withdrew as Pardovani’s counsel at his request after citing an irreconcilable conflict. The defendants did not challenge the requested expenses, but argued that the fee award should be reduced because Pardovani was unsuccessful on the retaliation claim and the defamation counterclaim.

Court’s analysis

The court used the usual fee calculation: the number of hours reasonably spent multiplied by a reasonable hourly rate. It also considered the degree of success achieved. When successful and unsuccessful claims are separate, time spent only on unsuccessful claims generally should not be included. When the claims share a common set of facts, however, the court may evaluate the litigation as a whole and adjust the award to reflect the results obtained.

The court found that Pardovani’s successful discrimination claim and unsuccessful retaliation claim shared a common core of facts. Both concerned alleged workplace discrimination and Pardovani’s complaints about it. But the claims were not completely intertwined. Counsel spent substantial trial time presenting evidence specifically related to retaliation, including testimony about disciplinary warnings, write-ups, suspension, and sick-time warnings. The court also found that counsel spent some time preparing to defend the defamation counterclaim, although that time was much less substantial.

The defendants did not challenge counsel’s hourly rates or the number of hours claimed. The court found that the rates were somewhat high but consistent with rates in similar Southern District of New York cases. Because the billing records made it nearly impossible to separate time spent on successful discrimination work from time spent on unsuccessful retaliation and defamation work, the court used a percentage reduction rather than attempting to calculate the time claim by claim. It concluded that a 50% reduction would be too large because the claims were substantially connected.

Disposition

The court reduced the requested fee amount by 25%, or $81,632, from $326,528 to $244,896. It awarded Phillips & Associates $244,896 in attorneys’ fees and $17,362.92 in expenses, for a total award of $262,258.92. The Clerk of Court was directed to mail a copy of the opinion and order to Pardovani.