Summary
The United States District Court for the Eastern District of New York granted in part Plaintiff Joseph Rouse’s motion for attorney’s fees and costs following a default judgment in an ADA action concerning alleged wheelchair-accessibility barriers. The Court awarded $1,737.50 in attorney’s fees and $402 in costs, denying additional claimed costs for lack of supporting documentation.
Topics
Practice areas
Questions Presented
- Whether plaintiff was entitled to the requested attorney's fees after obtaining default judgment in the ADA action.
- Whether the requested hourly rates and expended hours were reasonable.
- Whether plaintiff could recover the claimed costs without appropriate supporting documentation.
- Whether the filing fee shown on the docket could be awarded as a documented cost.
Holdings
- The court may independently assess and reduce an unopposed request for attorney's fees when the requested rates and hours are not reasonable. The court reduced the request to $1,737.50.
- Costs may be denied when the prevailing party does not submit appropriate supporting documentation.
Key quotations
“Nonetheless, the Court has a separate responsibility to assess the reasonableness of the fee request.” (at 2)
“Courts in this district have rejected the award of costs without supporting documentation.” (at 2)
Factual background
Plaintiff alleged that structural barriers hindered his access to defendant's pizza shop while using a wheelchair. After defendant defaulted and did not cure the default, plaintiff obtained default judgment and ADA-related injunctive relief. Plaintiff's counsel claimed 13.1 legal hours, 16.2 total hours including administrative time, hourly rates of $525 for legal work and $125 for administrative work, and $2,460.18 in costs.
Procedural history
Plaintiff filed the ADA action on August 31, 2023. After defendant failed to cure its default, plaintiff moved for default judgment. The matter was referred to Magistrate Judge Marcia M. Henry, whose Report and Recommendation recommended entry of default judgment with ADA-compliant provisions and allowed plaintiff to seek attorney's fees. The district court adopted the R&R without objection on March 3, 2025. Plaintiff then moved for fees and costs, and the court partially granted that motion.