Opinion
No. 17-CV-8217 (KMK) (PED)
12-02-2019
JOSEPH COCUZZA, Plaintiff, v. ROCKLAND COUNTY, New York; and SHERRIFF LOUIS FALCO, III, Individually, Defendants.
ORDER ADOPTING R&R
:
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. (Id. at 19.) No objections were filed.
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.) --------
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- 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 2, 2019
White Plains, New York
/s/_________
KENNETH M. KARAS
UNITED STATES DISTRICT JUDGE