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S.D.N.Y.Procedural orderFiled Aug. 31, 2023

Huynh v. Coda Project Inc

Judge
Lewis Liman
Docket
1:23-cv-04849
Court
U.S. District Court · Southern District of New York
Pages
1
Fee PetitionCivil Procedure
In one sentence

In Huynh v. Coda Project Inc., Judge Liman dismissed Benjamin Huynh’s separate attorney-fees claim with his consent because fees are a remedy, not a standalone claim.

Who this affects

Benjamin Huynh’s separate attorney-fees cause of action was dismissed with his consent; the order does not resolve his separate requests for attorney’s fees tied to his other causes of action.

What happened

Huynh v. Coda Project Inc. involved Benjamin Huynh’s fifth cause of action, which sought attorney’s fees from Coda Project Inc.

With Huynh’s consent, the court dismissed that cause of action because attorney’s fees are a remedy connected to another claim, not a separate claim by themselves.

Judge Lewis J. Liman signed the August 31, 2023 order. The order notes that Huynh also requested attorney’s fees for his other causes of action but does not rule on those requests.

The detailed version

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

Case
Huynh v. Coda Project Inc · No. 1:23-cv-04849
Judge
Lewis Liman
Date
Aug. 31, 2023

Background

The complaint included a fifth cause of action seeking attorney’s fees. The opinion does not describe the underlying claims.

Ruling

On Benjamin Huynh’s consent, the court dismissed the fifth cause of action for attorney’s fees. The court relied on the rule that attorney’s fees are a remedy supporting a cause of action, rather than a separate cause of action themselves.

The complaint also separately requested attorney’s fees for Huynh’s other causes of action. The order does not state that those requests were dismissed or otherwise decide them.

Disposition

The court dismissed the fifth cause of action for attorney’s fees. It did not specify that the dismissal was with or without prejudice.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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