Pascuiti v. New York Yankees
| Decision Date | 12 July 2000 |
| Docket Number | No. 98 Civ. 8186(SAS).,98 Civ. 8186(SAS). |
| Citation | 108 F.Supp.2d 258 |
| Parties | James PASCUITI, Joseph Reilly, Walter Rynakso, and Theresa Murphy, Plaintiffs, v. NEW YORK YANKEES, Defendant. United States of America, Plaintiff-Intervenor, v. New York City, New York City Department of Parks and Recreation, and the New York Yankees, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Edward Kopelson, Robert Westreich, Kopelson & Westreich, Morristown, NJ, for James Pascuiti, Joseph Reilly, Walter Rynasko, and Theresa Murphy.
Richard M. Goldstein, Christopher J. Collins, Proskauer Rose LLP, New York City, for New York Yankees.
Plaintiffs James Pascuiti, Joseph Reilly, Walter Rynasko, and Theresa Murphy (the "private plaintiffs") and plaintiff-intervenor United States of America (the "Government") sued New York City and the New York City Department of Parks and Recreation (the "City"), as well as the New York Yankees (the "Yankees"), alleging that the City and the Yankees violated the Americans with Disabilities Act, New York State Executive Law § 296(2), and New York City Human Rights Law § 8-107(4) by failing to make Yankee Stadium (the "Stadium") accessible to individuals with disabilities. On December 13, 1999, this Court entered a 32-page Stipulation and Order of Settlement ("Settlement Order"), signed by all parties, containing various forms of relief and outlining a plan for ensuring compliance. The private plaintiffs now move, pursuant to 42 U.S.C. § 12205, for attorneys' fees and costs.1
K & W argues that it is entitled to attorneys' fees and costs because the private plaintiffs were prevailing parties and their lawsuit was a substantial factor in obtaining relief. The Yankees, on the other hand, contend that the private plaintiffs' lawsuit contributed nothing to the eventual outcome and suggest that K & W is trying to reap the benefit of attorneys' fees even though the Government's lawyers did all the work. In addition to this overarching dispute, the parties disagree about a number of K & W's specific fee requests.
In November 1994, the Government sent a letter to the Yankees, indicating that it had received a complaint that the Stadium was not in compliance with the ADA. See March 24, 2000 Declaration of Richard M. Goldstein, counsel for the Yankees ("Goldstein Decl."), Ex. 1 (). For the next four years, the Government investigated whether the Stadium was in compliance with the ADA. See Goldstein Decl. ¶ 3; Affidavit of Robert Westreich, Esq., counsel for the private plaintiffs ("Westreich Aff.") ¶ 3. In April 1998, the Government sent both the Yankees and the City a letter alleging a number of specific violations and attaching a report prepared by the architectural firm of Evan Terry & Associates. See Goldstein Decl. ¶ 4 & Ex. 1 ().
On July 7, 1998, K & W informed the Yankees that they represented a group of disabled individuals who wanted to attend Yankee games at the Stadium and asked that the Yankees "provide a fair number of wheelchair spaces, on the field level and elsewhere, with sight lines and pricing options comparable to all other stadium seating." Westreich Aff., Ex. A (July 7, 1998 letter from Robert Westreich to Lonn Trost, Esq., Executive Vice President of the Yankees). Over the next three weeks, K & W exchanged letters with the Yankees. See id., Exs. B-E (letters between Westreich and Trost). The final letter, sent by the Yankees on July 27, stated: "As I indicated in our prior telephone conversation, the matter is in litigation instituted by the Justice Department and will be governed accordingly." See id., Ex. E (July 27, 1998 letter from Trost to Westreich). But K & W notes that the Government had not instituted litigation against the Yankees at that point. See Westreich Aff. ¶ 3; Goldstein Decl. ¶¶ 2-3. According to K & W, the Government "denied that the dispute was in litigation, would not say whether litigation was planned, and was willing to disclose only that it and the Yankees had been in discussions for several years." See Reply Affidavit of Robert Westreich, Esq., counsel for the private plaintiffs ("Westreich Reply Aff.") ¶ 9; Westreich Aff. ¶ 3.
K & W unsuccessfully attempted to interest both the Eastern Paralyzed Veterans Association ("EPVA") and the New York Lawyers for Public Interest ("NYLPI") in participating in a suit against the Yankees. See Westreich Aff. ¶¶ 4-5 and Ex. F (Affidavit of James J. Weisman, Esq., Association Executive Director of Legal Affairs for EPVA). Both the EPVA and the City previously had discussed with the Yankees whether the Stadium was in compliance with the ADA. See id. ¶¶ 3-4. In November 1998, K & W decided "to take the burden and the risk" and sued the Yankees on behalf of the private plaintiffs, alleging that the Yankees' premises, practices, and policies violated both the ADA and applicable New York law. See id. ¶ 6 & Ex. G (private plaintiffs' Complaint). More specifically, the Complaint alleged that the Yankees provided only two locations where wheelchair users could watch a game and that those areas cost more, were less desirable, and isolated wheelchair users from their companions and other patrons. See id.
The Yankees then invited K & W to a meeting, held on December 23, 1998 and attended by both the Yankees and the City. See Westreich Aff. ¶ 7; Declaration of Christopher J. Collins, counsel for the Yankees ("Collins Decl.") ¶ 2. Noting that the Government was investigating ADA compliance at the Stadium, the Yankees asked K & W to dismiss its Complaint. See Westreich Aff. ¶ 7; Collins Decl. ¶¶ 3-4. According to the Yankees, K & W was asked for specific proposals to improve accessibility at the Stadium but "their only response was that the Stadium should be made fully accessible." Collins Decl. ¶ 4. The Yankees also claim that they offered to work with K & W to resolve the issues raised in the Complaint without litigation. See id. K & W notes that all offers of negotiation were conditioned on dismissal of the Complaint, which K & W refused to do. See Westreich Aff. ¶¶ 7-8; Westreich Reply Aff. ¶ 11.
On January 5, 1999, K & W served its Initial Notice to Produce, which contained 27 requests for documents. See Goldstein Decl., Ex. 3 (Notice to Produce). K & W then served an initial set of 13 interrogatories on January 7 and a supplemental set of 4 interrogatories on January 13. See id. (Interrogatories and Supplemental Interrogatories). On January 28, 1999, the Government moved to intervene and added the City as a defendant. See Westreich Aff. ¶ 9; Goldstein Decl. ¶ 2. The Government served its own set of interrogatories and document requests on February 25, 1999. See Goldstein Decl., Ex. 2 (). The Government also served numerous third-party subpoenas, noticed and took the depositions of seven City and Yankee witnesses, and negotiated the terms of Confidentiality Stipulations. See Goldstein Decl. ¶ 6. Of the 1240 pages of deposition transcripts, the questioning by K & W totaled 32 pages. See Goldstein Decl. ¶ 10.
The Court issued several opinions in this case. See Pascuiti v. New York Yankees, 98 Civ. 8186, 1999 WL 983882 (S.D.N.Y. Oct.29, 1999) (); Pascuiti v. New York Yankees, 98 Civ. 8186, 1999 WL 1102748 (S.D.N.Y. Dec.6, 1998) (); Pascuiti v. New York Yankees, 87 F.Supp.2d 221 (S.D.N.Y.1999) (). Prior to settling the case, the parties had fully briefed a motion for partial summary judgment. For all of these motions, the only brief filed separately by K & W was a 3-page reply brief on the summary judgment issue. See Westreich Aff., Ex. Q (Reply Memorandum of Private Plaintiffs in Support of Motion for Partial Summary Judgment). According to K & W, it had prepared its own motion for partial summary judgment in June 1999, but the Government asked K & W not to proceed because it wanted to pursue a different theory of liability. See id. ¶¶ 14-17. K & W decided not file its motion "in the interest of unity among Plaintiffs' counsel," but now contends that "whether [it] should have acquiesced is arguable." Id. ¶ 18.
During the week of December 6, 1999, the parties engaged in intense settlement negotiations. See Goldstein Decl. ¶¶ 17-19; Westreich Reply Aff. ¶ 18. According to the Yankees, these negotiations usually involved two attorneys for the Yankees, one or two attorneys for the City, and four attorneys for the Government. See Goldstein Decl. ¶ 17. The Yankees contend that K & W only attended the beginning of a meeting on December 6, for no more than half an hour. See id. ¶ 18. On the other hand, K & W emphasizes that one or both of its attorneys attended long conferences at the Government's offices on both December 6 and December 10 (although it is not clear whether the Yankees and the City were present) and it had telephone conferences on other days. See Westreich Aff., Ex. O; Westreich Reply Aff. ¶ 18. The negotiations led to a comprehensive Settlement Order signed on December 13, 1999.
The Settlement Order contained two paragraphs about costs and attorney's fees:
The Government on the one hand, and the City and the Yankees on the other hand, shall bear their own costs and attorney's fees in this action.
Without admitting any liability therefor, the Yankees shall attempt to...
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