E.D. New York cuts employment fee award 57.7%, including for missing records

What happened

The fee applicant sought $32,670 for 72.6 hours in a Title VII employment case. The magistrate judge recommended awarding $13,824, a reduction of $18,846 or 57.7%. The court subtracted 15 hours for work on claims dismissed against other defendants, applied a 20% cut because billing records were not contemporaneous, a 20% cut for administrative tasks billed as legal work and correspondence overbilling, a 20% cut for excessive default judgment motion hours, and reduced the hourly rate.

What the court said

the billing records were not created contemporaneously, as required in the Second Circuit

the billing records appear to include inappropriate billing for administrative tasks and overbilling related to correspondence

The court also reduced the award for: unrelated claims, excessive hours, hourly rate reduced.

Why it matters

The ruling shows that a fee petition can lose substantial value when time records are not made contemporaneously and when administrative tasks are billed as legal work. Courts in the Second Circuit expect contemporaneous records, and a percentage cut can apply across all hours even when other reductions are also ordered.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

See hourly rates the E.D. New York approves and attorney fee motions in New York federal courts.

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