Magistrate Judge Henry Pitman


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A confidential 2015 agreement settled seller Bentley Laboratories’ lawsuit to recover the purchase price of skin care products that it specially manufactured for defendant, TPR Holdings LLC. The parties’ settlement was breached as a result of TPR’s failure to fully make certain installment payments. Resolving Bentley Laboratories’ application to recover attorney’s fees it incurred as a result of the settlement agreement’s breach, the court required TPR to pay Bentley—which had sought $18,858 comprising $16,029.30 in legal fees and $688.48 in costs—a total sum of $14,859.68 within 30 days. Despite finding the $688.48 sought for costs to be reasonable the court, utilizing the lodestar method of determining reasonable attorney’s fees as articulated by Arbor Hill Concerned Citizens Neighborhood Ass’n v. County of Albany and Santa Fe Natural Tobacco v. Spitzer and applying the Second Circuit’s “forum rule,” reduced the discounted hourly fees charged by one of Bentley’s three attorneys from approximately $600 to $348.50, the same discounted rate as was sought by his legal partner. The court further deemed reasonable the 40 hours of time for which the three attorneys sought compensation.