Campaign for a Progressive Bronx v. Black

District Court, S.D. New York
Campaign for a Progressive Bronx v. Black, 632 F. Supp. 647 (1986)
1986 U.S. Dist. LEXIS 26677

Campaign for a Progressive Bronx v. Black

Opinion of the Court

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

On March 11, 1986 we awarded plaintiffs in the above captioned case attorneys’ fees and litigation expenses pursuant to 42 U.S.C. § 1973Z(e).1 Plaintiffs now seek an amendment of that, award to reflect the time spent preparing and arguing the original application for attorneys’ fees. They are entitled to receive these fees. Gagne v. Maher, (2d Cir. 1979) 594 F.2d 336, 343-44, aff'd on other grounds, (1980) 448 U.S. 122, 100 S.Ct. 2570, 65 L.Ed.2d 653. Accordingly, we award them these supplemental attorneys’ fees according to the same formula that we used in awarding them fees for the main action. We award them fees for one half of their hours at $100 an hour.

Plaintiffs’ attorneys claim 23.6 hours on the application, 8 of which represent Issacharoff’s travel time. Since it is not alleged that he worked on the trip, and since we have not been persuaded of the necessity of having two counsel present at the oral argument on the attorneys’ fees application, we shall not re-imburse for these hours. Accordingly, we reduce the hours to 15.6.

We award $780.00 in supplemental attorneys’ fees and litigation expenses of $154.63.

Plaintiffs shall submit the appropriate judgment.

SO ORDERED.

. Familiarity with our prior opinion is assumed.

Reference

Full Case Name
The CAMPAIGN FOR A PROGRESSIVE BRONX and Janet Villafane, individually and on behalf of others similarly situated v. Robert S. BLACK, Matteo Lumetta, Martin Richards, James F. Bass, Rosemary A. Millus, Norman George, Ferdinand C. Marchi and Orlando Velez, Commissioners of Elections, as members of and constituting the Board of Elections of the City of New York, and Kay Amer, as chief clerk of the Bronx Borough Office of said Board of Elections
Status
Published