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Aurora Commercial Corp. v. Approved Funding Corp.

United States District Court, S.D. New York

August 6, 2014

AURORA COMMERCIAL CORP., Plaintiff,
v.
APPROVED FUNDING CORP., Defendant.

Christopher P. Carrington, Foster Graham Milstein & Claisher, LLP, Denver, CO, Counsel for Plaintiff.

Approved Funding Corp. c/o Shmuel Shayowitz, President River Edge, NJ, Defendant.

OPINION & ORDER

ROBERT P. PATTERSON, Jr., District Judge.

In an Opinion and Order dated April 9, 2014, (Op. & Order, Apr. 9, 2014, ("Op. & Order"), ECF No. 66), this Court granted the unopposed motion for summary judgment made by Plaintiff Aurora Commercial Corp. (the "Plaintiff" or "Aurora"), and awarded attorney fees and costs to the Plaintiff in its suit against Defendant Approved Funding Corp. (the "Defendant" or "Approved"). On June 2, 2014, the Plaintiff filed an application for $36, 992.50 in attorney fees and $3, 621.24 in litigation costs. (Mot. for Att'y Fees and Costs ("Pl.'s Appl."), ECF No. 69.) This motion is unopposed and for the reasons that follow, Aurora is awarded $36, 925.50 in attorney fees and $2, 365.68 in litigation costs.

I. BACKGROUND[1]

On June 2, 2014, Aurora filed an application for attorney fees and costs requesting $36, 992.50 in attorney fees and $3, 621.24 in litigation costs. (Pl.'s Appl. at 1-2.) The application details the history of the litigation: Aurora's counsel opposed a motion to dismiss and a motion to change venue filed by Approved, conducted discovery, and moved for summary judgment. (Id. at 2.) After Aurora filed its motion for summary judgment, Approved's counsel withdrew and Approved has not since retained new counsel, despite orders to do so from the Court. (Def.'s Mem. of Law in Supp. of Mot. for Scott McCleary to Withdraw, ECF No. 53; Order, Dec. 17, 2013, ECF No. 57.) The Court granted Aurora's unopposed motion for summary judgment and issued an Opinion and Order on April 9, 2014, awarding Aurora full damages of $134, 545.88, plus reasonable attorney fees, costs, and pre- and post-judgment interest. (Op. & Order at 10.)

Aurora's application for attorney fees and costs includes time sheets listing the number of hours attorneys spent on the case and the hourly rates they charged. (Aff. in Supp. of Appl. for Att'y Fees ("Aff. Att'y Fees"), ECF No. 70; Aff. Att'y Fees Ex. A, ECF. No. 70-1; Aff. Att'y Fees Ex. B, ECF No. 70-2.) The hours spent on litigation and hourly rates charged are as follows:

Christopher P. Carrington-licensed attorney for 9 years-partner-35.50 hours at Ackerman Senterfitt ("Ackerman") and 62.90 hours at Foster, Graham, Milstein & Calisher ("FGMC")-$260.52 billing rate at Ackerman and $250.00 billing rate at FGMC-$19, 149.72
Melissa Cizmorris-licensed attorney for 4 years-associate-.20 hours-$265.00 billing rate-$53.00
Victoria E. Edwards billed-licensed attorney for 11 years-partner-.50 hours- $350.00 billing rate-$175.00
Justin D. Balser-licensed attorney for 14 years-partner-1.10 hours-$350.00 billing rate-$385.00
Kelly J. Garcia-licensed attorney for 16 years -partner-.40 hours-$350.00 billing rate-$140
Linda K. Fowlie-director of information resources for 16 years-.40 hours-$140.00 billing rate-$56.00
Kristine L. Elliot-paralegal for 15 years-30.90 hours-$106.80 billing rate- $3, 300.00
Michael Gates-licensed attorney for 15 years-partner-46.40 hours-$250.00 ...

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