Hsueh v. The New York State Department of Financial Services et al
| Tiffany Hsueh |
| The New York State Department of Financial Services and Abraham Guevara |
| 1:2015cv03401 |
| May 1, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
129
OPINION & ORDER: In view of the Defendants' requests and the Plaintiffs financial condition, the Court hereby imposes monetary sanctions against Ms. Hsueh in the amount of$2,562 (Y2 of her monthly salary). This amount is to be allocated b etween Defendants in proportion to the requested awards: DFS is awarded $2,026 and Guevara is awarded $536. The Court finds that the attorneys' fees sought by Defendants are reasonable. But that is not the only issue. In determining the award of attorneys' fees, a district court should ascertain whether, "in light of [the party's] ability to pay, a lesser sum assessed would have fulfilled the... deterrent purpose without subjecting [the party] to financial ruin. " Faraci v. Hickey-Freeman Co., 607 F.2d 1025, 1029 (2d Cir. 1979). "[W]hen a court awards [a party] attorney's fees, it must take into account the financial circumstances of the [opposing party]." Sassower v. Field, 973 F.2d 7 5, 81 (2d Cir. 1992) (emphasis added). Plaintiffs misconduct, while severe, cannot justify "subjecting [her] to financial ruin." Faraci, 607 F.2d at 1029. Ms. Hsueh has limited financial means. Her annual salary is barely more than the am ount Defendants seek. Furthermore, she was taxed DFS's costs in the amount of $5,302.35, which adds burden to already strained circumstances. See Dkt. No. 124. Accordingly, the Court determines that monetary sanctions in the amount of $2,562 is sufficient. Defendant DFS is awarded $2,026; and Defendant Guevara is awarded $536, and as further set forth in this order. (Signed by Judge Paul A. Crotty on 11/15/2017) (ap)
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Filing
120
OPINION & ORDER: The Court orders Ms. Hsueh to submit, by October 20, 2017, objective date supporting her financial hardship. Specifically, the Court orders Ms. Hsueh to submit, under seal, (1) Ms. Hsueh's Form W-2 for 2016, (2) any Form 109 9's Ms. Hsueh received in 2016, and (3) a list of assets and/or liabilities (e.g., cash, stocks, real-estate) legally owned by Ms. Hsueh, and their values (and, if co-owned, the percentage of ownership). To be clear, the Court seeks documentation only on Ms. Hsueh's financial condition. (Signed by Judge Paul A. Crotty on 9/21/2017) (mro)
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Filing
113
OPINION & ORDER re: 98 MOTION for Summary Judgment . filed by Abraham Guevara, 85 MOTION for Summary Judgment . filed by The New York State Department of Financial Services. The Court grants the DFS's motion for su mmary judgment and dismisses Hsueh's claim against it with prejudice. Further, the Court dismisses Hsueh's state-law claims against Guevara without prejudice. The Clerk of Court is directed to enter judgment and close this case. So Ordered. (Signed by Judge Paul A. Crotty on 8/24/17) (yv)
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Filing
112
OPINION & ORDER re: 44 MOTION for Sanctions for Spoliation filed by The New York State Department of Financial Services. The Court grants the DFS's motion for spoliation sanctions. Defendants must submit documentation detailing their costs and attorneys fees associated with the spoliation sanctions motion as well as reopened discovery. The Clerk of Court is directed to close the motion at docket number 44. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/31/2017) (dgo).
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