Rodriguez v. Pressler Pressler, L.L.P.

Full title: ANNA RODRIGUEZ, et al., Plaintiffs, v. PRESSLER AND PRESSLER, L.L.P., et…

Court: United States District Court, E.D. New York

Date published: Mar 12, 2009

CV-06-5103 (BMC) (JO) (E.D.N.Y. Mar. 12, 2009)

Opinion

CV-06-5103 (BMC) (JO).

March 12, 2009

ORDER

COGAN, District Judge

This matter is before the Court upon the Report and Recommendation of Magistrate Judge James Orenstein, pursuant to an Order of Referral as to plaintiffs' motion for attorneys' fees. A copy of the Report and Recommendation is attached. Plaintiffs have timely filed objections. I adopt, in part, the Report and Recommendation with the following modifications:

I. Hourly Rates

Having reviewed the factors set forth in Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182, 184 (2d Cir. 2008), unlike Magistrate Judge Orenstein, I am convinced that a paying client would be willing to pay hourly rates of $450 and $300 for the services that Brinckerhoff and Wilner have rendered here. Although I take Magistrate Judge Orenstein's point that there are experienced counsel available to handle these types of matters for lower hourly rates, I find that counsels' requested rates are within the reasonable range for FDCPA cases in this district. See Richardson v. Professional Recovery Systems, LLC, 07-CV-3666 (BMC) (E.D.N.Y. Nov. 26, 2007) (approving rate of $300/hour for Wilner's unopposed fee application in FDCPA case); Reade-Alvarez v. Eltman, Eltman, Cooper, P.C., No. CV-04-2195 (CPS), 2006 WL 3681138, at *9 (E.D.N.Y. Dec. 11, 2006) (approving hourly rate of $420 for experienced attorney in FDCPA case). Therefore, I decline to adopt the Report and Recommendation as it relates to counsels' hourly rates.

II. Hours Expended

I do, however, adopt the Report and Recommendation as it relates to Magistrate Judge Orenstein's finding regarding the reasonableness of hours expended in this matter. Therefore, I credit Wilner with 159.65 hours of compensable work for the plaintiffs and Brinckerhoff with 30 hours of compensable work for the plaintiffs.

III. Downward Adjustment

IV. Other Costs

See Dowling v. Kucker Kraus Bruh, LLP. 2005 WL 1337442 ^{1 2}

1 However, as the Report and Recommendation notes, defendants may comply with the portion of this award related to transcript costs "by satisfying the court reporter's invoices to the Emery Firm, regardless of its costs in doing so.

2 I decline to award fees and costs associated with the instant motion.