We are pleased to announce that, on April 30, 2018, a district court in the Eastern District of New York adopted a report and recommendation that the Lumer Law Group receive more than $209,000 in legal fees and costs in the midst of an ongoing case (Thomas v. City of New York, 14 CV 7513(ENV) (VMS)). The figure includes an hourly rate of $450 for Michael Lumer, which is at the uppermost end of rates awarded in this district.
The underlying action concerns the NYPD’s arrest of 25 people in May 2014 in two apartments in a multi-family home in Brooklyn. Within a week of the arrest, the Brooklyn District Attorney’s office had either declined to prosecute or dismissed all charges against everyone arrested at the premises. Michael Lumer filed suit in late 2014 on behalf of 15 of these people, and three more who were arrested outside in a common driveway that runs behind the house. Six of these people were charged with gambling. However, as the defendants eventually had to admit, they had no idea whether any of these six people (or anyone at all) were gambling. Moreover, the defendants also had to concede that the conduct in question — playing poker inside someone’s apartment — was not illegal. Having forced the plaintiff’s to fight this matter all the way into February 2017, the defendants offered to not only pay fixed amounts to each of these six plaintiffs, they also offered to pay Mr. Lumer and his firm their legal fees for the work performed to date.
On December 1, 2017, the assigned magistrate judge issued a report and recommendation that called for the firm to receive payment for 100% of the work performed. Mr. Lumer’s hourly rate was fixed at $450, which is consistent with the highest rates allowable in the EDNY. The defendants did not object in any way to the magistrate judge’s recommendation. Not suprisingly, on April 30, the district court adopted the report and recommendation in its entirety.
Meanwhile, the lawsuit on behalf of the remaining 12 plaintiffs continues.