Argudo v. Rugo, LLC

Background

Benigno Argudo sued Rugo, LLC, doing business as Portofino Restrauant, and Mario Rugova. After a three-day jury trial ending on September 13, 2023, the jury returned a verdict for the plaintiffs on all claims presented. The court stated that, under Section 663 of the New York Labor Law, Argudo was entitled to seek attorneys’ fees and costs.

The court had ordered Argudo to file a fee-and-cost motion by October 4, 2023. Argudo filed the motion, a supporting memorandum, and a declaration with time records, attorney affidavits concerning hourly rates and experience, and invoices and other documentation for litigation expenses. The defendants filed no opposition.

Attorneys’ Fees

The court used the lodestar method, which calculates a presumptively reasonable fee by multiplying a reasonable hourly rate by a reasonable number of hours. It found the requested rates reasonable for the Southern District of New York and for the work performed:

- Michael J. Borrelli: $400 per hour. - Alexander T. Coleman: $350 per hour. - Andrew C. Weiss: $250 per hour. - Danielle Petretta: $200 per hour. - Alexis C. Godley, a law clerk: $100 per hour. - Pablo Martinez, a paralegal: $90 per hour.

The court also found the requested hours reasonable. Although the firm reported 558.8 total hours of attorney and paralegal time, the motion sought compensation for only 452.8 hours after deductions. The court noted that the case proceeded through discovery and trial, was efficiently staffed, and resulted in a verdict for Argudo on every claimed New York Labor Law violation. It concluded that the requested attorneys’ fees totaled $95,122.50.

Costs

The court approved reimbursement of $8,627.96 in costs. The approved expenses included the $402 filing fee; service, mailing, and subpoena costs; interpreter services; trial and deposition transcripts; travel; translation of notices; electronic legal research; and printing. The court found that these expenses were sufficiently supported by invoices, receipts, affidavits, or other documentation. It specifically found reasonable the $3,356 cost for four Spanish-speaking interpreters who assisted both Argudo and the defendants during the three-day trial.

Disposition

The court awarded Argudo $95,122.50 in attorneys’ fees and $8,627.96 in costs. It also stated that Argudo had previously been awarded $151,658.18 in statutory damages, including prejudgment interest calculated through September 15, 2023. The court added $438.96 for prejudgment interest accruing from September 16 through October 16, 2023, at $14.16 per day.

Judge Gregory H. Woods directed the Clerk of Court to enter judgment for $255,847.60 against the defendants, plus post-judgment interest at a rate to be determined by the Clerk and any penalty authorized for failing to pay within 90 days. The court also directed the Clerk to terminate the pending fee motion at Docket 92 and close the case.