Bowman v. Maygina Realty LLC et al
| Marie Bowman |
| Maygina Realty LLC, Powell Foods of 104th Street, LLC and Burger King Corporation |
| 1:2014cv05423 |
| July 18, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
59
OPINION AND ORDER re: 46 MOTION for Attorney Fees filed by Maygina Realty LLC, Powell Foods of 104th Street, LLC, Burger King Corporation, 49 MOTION for Attorney Fees costs, and expenses filed by Marie Bowman: For the foregoing reasons, Defendants' motion for fees and costs is DENIED, and Plaintiff's motion is DENIED in part and GRANTED in part. Specifically, Plaintiff's counsel is awarded $33,296 in attorney's fees and $1, 531.20 in costs, to be paid by Defendants. The Court awards even this amount with some reluctance, given Plaintiff's unreasonable demands throughout this litigation (which, given Defendants' openness to settlement from the get go, should have been an easy case to resolve), not to mention the high likelihood that counsel misrepresented Plaintiff's condition to Defendants and to this Court. In the final analysis, the Court finds that awarding that amount of fees and costs, bu t no more, is appropriate in light of the policies behind the fee-shifting provisions of the civil rights laws. To award anything close to the fees Plaintiff seeks, however, would be to countenance and incentivize conduct and practices that are, quite simply, unreasonable. The Clerk of Court is directed to terminate Docket Nos. 46 and 49. (Signed by Judge Jesse M. Furman on 7/6/2016) (tn)
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