B.W. o/b/o K.S.., a minor et al v. New York City Department of Education, No. 1:2009cv06686 - Document 32 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER # granting re: 27 MOTION for Attorney Fees for District Court Action, filed by B.W. o/b/o K.S., a minor. The Clerk of the Court is directed to enter final judgment in the amount of $56,062.21 comprised of $18,642. 50 representing the legal fees and expenses incurred in the underlying administrative proceeding and $37,419.71 representing the legal fees and expenses incurred in this action. The Clerk of the Court is also directed to mark Docket Item 27 closed. (Signed by Magistrate Judge Henry B. Pitman on 8/9/10) Copies sent by Chambers(cd
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B.W. o/b/o K.S.., a minor et al v. New York City Department of Education Doc. 32 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK B.W. o/b/o K.S., a minor; T.S. o/b/o J.W., a minor; Plaintiffs, 09 Civ. 6686 (HBP) -againstOPINION AND ORDER NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant. PITMAN, United States Magistrate Judge: By notice of motion dated June 28, 2010 (Docket Item 27), plaintiff seeks to recover attorney's and expenses incurred in connection with this action. Plaintiffs seek fees and ex- penses in the amount of $37,419.71 and have submitted time records and other documentation in support of this amount. I have previously awarded plaintiffs the sum of $18,642.50 representing the attorney's fees and expenses incurred in the underlying administrative proceeding. By letter dated August 2, 2010, a copy of which is annexed hereto, counsel for defendant has advised me that it has reviewed plaintiffs' fee application, finds it reasonable and does not oppose it. Accordingly, plaintiff's are awarded Dockets.Justia.com $37,419.71 for the attorney's fees and expenses incurred in litigating the present action in this Court. The Clerk of the Court is directed to enter final judgment in the amount of $56,062.21 comprised of $18,642.50 representing the legal fees and expenses incurred in the underlying administrative proceeding and $37,419.71 representing the legal fees and expenses incurred in this action. The Clerk of the Court is also directed to mark Docket Item 27 closed. Dated: New York, New York August 9, 2010 SO ORDERED United States Magistrate Judge Copies transmitted to: Michael D. Hampden, Esq. Partnership for Children's Rights 17th Floor 271 Madison Avenue New York, New York 10016 David A. Rosinus, Jr. , Esq. New York City Law Department Room 2-305 100 Church Street New York, New York 10007 NYC LAW DEP 2-167A Fax 2127880877 Aue 2 2010 04: 15pm P002/003 LAWDEPARTMENT MICHAEL A. CARDOZO D. ALAN ROSDYUS phone: (212) 788-8316 fax: (212) 788-0877 100 CHURCH STREET NEW YORK, NY 10007 Corporation C m e l cmail: arosin@lm.nyc.gov (not for service) August 2,201 0 Hon. Henry B. Pitrnan United States Magistrate ~ u & e Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Re: B.W. ohlo K.S., a minor, et ano. v. New York City Dew't of Educ., 09 Civ. 6686 (HBP) Dear Judge Pitrnan: I am the Assistant Corporation Counsel assigned to represent Defendant New York City Department of Education in the above referenced matter. By Opinion and Order dated June 3,2010, the Court granted Plaintiffs' motion for summary judgment, and directed Plaintiffs to submit documentation of their attorney's fees and costs incurred in connection with the present federal action. Plaintiffs did so by motion dated June 28,2010. Pursuant to several extension requests that the Court granted, Defendm's opposition papers to Plaintiffs' motion would be due today. However, the City has reviewed Plaintiffs' fee application and h d s it to be reasonable. Accordingly, the City does not oppose Plaintiffs' motion and has no objection to the Court entering judgment for Plaintiffs for the full amount of fees and costs sought (i.e., $37,419.71). Thank you for your consideration of this matter. Respectfully, add A. dsinus, Jr. (DR 643 1) Assistant Corporation Counsel