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FINK v. CITY OF NEW YORK

United States District Court, Eastern District of New York


May 23, 2001

DENNIS H. FINK, PLAINTIFF,
v.
CITY OF NEW YORK, AND NEW YORK CITY FIRE DEPARTMENT DEFENDANT.

The opinion of the court was delivered by: Trager, District Judge.

  MEMORANDUM AND ORDER

Plaintiff Dennis H. Fink, a retired fire marshal with the New York City Fire Department sued the City and the Fire Department under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4301, et. seq., and the Americans with Disabilities Act ("the ADA"), 42 U.S.C. § 12101, claiming discrimination and retaliation on the basis of his military service and his perceived disability, a hearing loss. A trial was held, and Fink prevailed on all his claims. After the conclusion of the trial, defendants moved for judgment a matter of law overturning the jury's verdict, or, in the alternative, for a new trial, noting numerous dispositive issues on which, they claimed, no reasonable jury could have found for Fink. By a March 1, 2001 opinion, this court denied the defendants' motion for a judgment as a matter of law but granted the motion for a new trial on the issue of emotional damages unless Fink was willing to accept a $175,000 remittitur. He accepted that remittitur on March 14, 2001. No further appeal was made from this court's ruling. Fink now moves for attorneys' fees pursuant to the provisions of USERRA, 38 U.S.C. § 4323(h)(2) and the ADA, 42 U.S.C. § 12117(a).

Background

Fink has made the following fee request based upon the work of two partners, Dudley Gaffin and Margaret H. Mayo, a senior associate, Christopher Morik, and a junior associate, Mary Bruderlein:

Attorney Hours Rate Amount

Dudley Gaffin 54.4 $350.00 $19,040.00

Margaret H. Mayo 373.2*fn1 $350.00 $130,620.00

Christopher Morik 33.8 $250.00 $8,450.00

Mary Bruderlein 149.6 $200.00 $29,920.00

TOTAL LODESTAR $188,030.00


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