Cocuzza v. Rockland County

District Court, S.D. New York

Cocuzza v. Rockland County

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEPH COCUZZA, Plaintiff, No. 17-CV-8217 (KMK) (PED) Vv. ORDER ADOPTING R&R ROCKLAND COUNTY, New York; and SHERRIFF LOUIS FALCO, III, Individually, Defendants.

KENNETH M. KARAS, United States District Judge: On November 7, 2019, Magistrate Judge Paul E. Davison (“Judge Davison”) entered a Report & Recommendation (the “R&R”) recommending that this Court grant Plaintiff's Motion for Attorney’s Fees in part, concluding that Plaintiff should be awarded a total amount of $16,433.55, consisting of $15,396.00 in attorney’s fees and fees for paralegal tasks and $1,037.55 in costs. (R&R 19 (Dkt. No. 41).)' In the thorough and well-reasoned R&R, Judge Davison provided notice that objections to the R&R were due within 14 days and that failure to object would preclude later appellate review of any order of judgment that will be entered. (/d. at 19.) No objections were filed. Because no objections have been filed, the Court reviews the R&R “only for clear error on the face of the record.” See Brennan v. Colvin, No. 13-CV-6338,

2015 WL 1402204

, at *1 (S.D.N.Y. Mar. 25, 2015) (internal quotation marks omitted); see also Iannolo v. Astrue, No. 10-

' Pursuant to

42 U.S.C. § 1988

(b), a court may award “the prevailing party” in a § 1983 lawsuit “reasonable attorneys’ fees and costs.” Coakley v. Webb, No. 14-CV-8438,

2016 WL 1047079

, at *2 (S.D.N.Y. Mar. 9, 2016) (quotation marks omitted). Here, following summary judgment motion practice, Joseph Cocuzza (“Plaintiff”) received and accepted a $15,000 Offer of Judgment from Defendants, which was approved by the Court on April 17, 2019. (See Dkt. No. 31.)

CV-7602,

2012 WL 523619

, at *1 (S.D.N.Y. Feb. 16, 2012) (same). Having reviewed the R&R for clear error and finding none, the Court adopts the R&R in its entirety. Accordingly, it is hereby: ORDERED that Plaintiff's Motion for Attorney’s Fees is granted in part in the amount of $16,433.55, with the award to be made payable to Plaintiff's counsel. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 32.) SO ORDERED. Dated: December &__, 2019 White Plains, New York

KENNETH M. UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown