The opinion of the court was delivered by: JAMES FRANCIS IV, Magistrate Judge
The plaintiffs, Access 4 All, Inc. and Peter Spalluto, brought
this action claiming that the Helmsley Park Lane Hotel, owned by
defendant Park Lane Hotel, Inc. ("Park Lane"), contained
architectural barriers that prevented disabled persons from using
its full range of services, in violation of the Americans With
Disabilities Act, 42 U.S.C. § 12181 et seq. (the "ADA"). The
parties ultimately entered a settlement agreement addressing a
number of features of the property. The parties reserved for
decision by the Court the plaintiffs' application for an award of
attorneys' fees and costs and consented to refer this issue to me
for final disposition pursuant to 28 U.S.C. § 636(c).
The plaintiffs now move for an award of attorneys' fees of
$67,056.50 and expert witness fees and costs of $11,349.41, based
on the following hours and rates: Attorney Hours Rate Total
John P. Fuller 7.7 $425 $ 3,272.50
Lawrence A. Fuller 139.5 $425 $59,287.50
Tracie Dickerson 0.8 $240 $ 192.00
Paralegal 3.8 $115 $ 437.00
Mario B. Mikelinich 9.1 $425 $ 3,867.50*fn1
Expert Fees 46.0 $175 $ 8,050.00
Costs $ 3,299.95
(Plaintiffs' Verified Application for Attorneys' Fees, Expert's
Fees, Litigation Expenses and Costs and Incorporated Memorandum
of Law ("Pl. App.") at 12-13; Letter of Lawrence A. Fuller dated
Nov. 28, 2005 ("Fuller Letter") at 4-5).
The defendant opposes an award of this magnitude on the grounds
that (1) the plaintiff's counsel allegedly violated the
confidentiality provisions of the settlement agreement by
disclosing the terms of the agreement to a non-party; (2) the
time spent by plaintiffs' counsel on many tasks was excessive;
(3) the rates charged are not justified; (4) the expert witness
fees are excessive; (5) the plaintiffs' costs other than the
expert fees should be rejected; and (6) the plaintiff's
"lodestar" recovery should be reduced based on their limited
The ADA provides that a prevailing plaintiff may recover attorneys' fees, expert fees, litigation expenses, and costs.
42 U.S.C. § 12205. In a civil rights case such as this, the amount
of an award of attorneys' fees is determined using the "lodestar"
method: the number of hours reasonably expended multiplied by the
appropriate hourly rates for attorneys or paralegals. See
Hensley v. Eckerhart, 461 U.S. 424, 433 (1983). "[T]he district
court should exclude excessive, redundant or otherwise
unnecessary hours, as well as hours dedicated to severable
unsuccessful claims." Quaratino v. Tiffany & Co., 166 F.3d 422,
425 (2d Cir. 1999) (citing Hensley, 461 U.S. at 433-35, 440).
Finally, while the lodestar can be adjusted in light of factors
such as the results obtained, Hensley, 461 U.S. at 434-35,
"[t]here is . . . a strong ...