Schwebel v. Richardson et al
| Ronnit Schwebel |
| Gregory A. Richardson and Elaine C. Duke |
| 1:2017cv08541 |
| November 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Other Immigration Actions |
| 05 U.S.C. ยง 551 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
76
ORDER DISPOSING OF MOTION FOR EAJA FEE AWARD: In this case, as in McCarthy, the plaintiff properly presented her fee application to the Court of Appeals, and this court stood down in deference to the Circuit. However, the Second Circuit has remand ed the fee request to me. The Government makes no argument that this is a case in which special circumstances exist that would make a fee award unjust. Turning to the amount of the fee request, the Government principally argues that no fees can be awarded because the attorneys failed to keep contemporaneous time records in the manner required by Second Circuit jurisprudence. I reject the Government's argument. (As further set forth in this Order.) Because I conclude that Healey is dete rminative of the issue presented, it is not necessary for the court to address the Governments other arguments about the ground on which the case was resolved at the appellate level or the types of legal fields that can qualify for enhanced EAJA f ee awards. Plaintiff shall present the court with a revised fee order, limited to the fees incurred in the district court, with the fees calculated per the cost-of-living enhancement table attached to Mr. Feinbloom's initial Declaration as Exhibit A. The court will direct the Clerk to enter judgment accordingly. (Signed by Judge Colleen McMahon on 6/3/2021) (cf)
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Filing
72
ORDER: I am presently working on the remanded fee motion, insofar as I is in my power to rule thereon. In connection therewith, I would like Plaintiff to provide the Court with the underlying records from which Feinbloom Exhibit F was created. The records can be in the form of printouts of the "Schwebel.hours" database that Mr. Feinbloom used to enter in his time, which he then "edited... to reflect subtotals" for his and his partner's work. (Feinbloom Supplemental Deel. at paragraph 5, Dkt. No. 71, Exh. 1). Obviously anything provided to the court must be served on counsel for Defendants. I am not asking for, and I will not consider, any further briefs or written submissions; I simply want the underlying dat a. Please get it to me by the end of this week. Counsel should expect a call from my Senior Law Clerk, James O'Neill, in the next few days. I have tasked Mr. O'Neill with seeing whether this matter can be settled. (Signed by Judge Colleen McMahon on 5/18/2021) (cf)
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Filing
62
ORDER with respect to 61 Letter Motion to Compel; granting 61 Letter Motion to Reopen Case and lift stay. The stay is lifted. Defendants have 30 days to respond to Plaintiff's motion. (Signed by Judge Colleen McMahon on 1/5/2021) (jca)
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Filing
52
ORDER granting 51 Letter Motion to Stay. Fine. All proceedings stayed until the Second Circuit speaks. (Signed by Judge Colleen McMahon on 11/6/2020) (mml)
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