Summary
The United States District Court for the Western District of New York grants Ryan Lowe’s motion for attorneys’ fees following a default judgment under the Fair Debt Collection Practices Act. The court awards $6,570 in attorneys’ fees and $402 in costs, directs the Clerk of Court to enter judgment, and closes the case.
Holdings
- A successful FDCPA litigant may receive reasonable attorneys' fees, and the court may award reasonable litigation costs under the FDCPA.
- The requested $300 hourly rate for the attorneys, $100 hourly rate for the paralegal, 23.9 attorney hours, and three paralegal hours were reasonable and appropriate under the prevailing market rates in the Western District of New York.
Questions Presented
- Whether Lowe was entitled to reasonable attorneys' fees and costs as the successful FDCPA litigant.
- Whether the requested attorney and paralegal hourly rates and recorded hours were reasonable under prevailing market rates in the Western District of New York.
Disposition
other
Cases Cited (10)
- McConnell v. ABC-Amega, Inc., 338 F. App'x 24, 26 (2d Cir. 2009) (summary order)(followed)
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 493 F.3d 110, 111-12 (2d Cir. 2007), amended on other grounds by 522 F.3d 182 (2d Cir. 2008)(followed)
- Simmons v. N.Y.C. Transit Auth., 575 F.3d 170, 175-76 (2d Cir. 2009)(followed)
- Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984)(followed)
- McPhaul v. Insight Mgmt. Partners, 2022 WL 542534, at *4 (W.D.N.Y. Feb. 23, 2022)(followed)
- Welch v. PDL Recovery Grp., LLC, 2019 WL 4887595, at *3 (W.D.N.Y. Oct. 3, 2019)(followed)
- Eades v. Kennedy, PC. Law Offs., 343 F. Supp. 3d 104, 108 (W.D.N.Y. 2018)(followed)
- Langhorne v. Takhar Grp. Collection Servs., Ltd., 2016 WL 1177980, at *2 (W.D.N.Y. Mar. 28, 2016)(followed)
- Warman v. L. Off. of Daniel M. Slane, 2017 WL 971196, at *4 (W.D.N.Y. Mar. 13, 2017)(followed)
- Douyon v. NY Med. Health Care, P.C., 49 F. Supp. 3d 328, 348 (E.D.N.Y. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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