Cooper v. Upstairs, Downstairs of New York Inc.

OPINION & ORDER Plaintiff Mark Cooper brought this civil rights action against his former employer and former supervisor alleging that he was discriminated against on the basis of his perceived sexual orientation in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. The case went to trial before a jury, which found in Cooper’s favor solely as to his New York State and New York City hostile work environment claims against his former supervisor. The jury awarded Cooper $6,500 in punitive damages pursuant to the New York City Human Rights Law but did not award him any compensatory damages. Cooper now contends that because the jury awarded him punitive damages but no compensatory damages, he is entitled to a new trial on damages only. (ECF No. 122.) He also contends that if the Court does not grant his motion for a new trial on damages, he is entitled to prevailing party attorneys’ fees and costs. (Id.) Defendants also seek attorneys’ fees and costs for their successful defense of Cooper’s Title VII claims. (ECF No. 130.) For the reasons set forth below, Cooper’s motion for a new trial is denied; Cooper’s motion for attorneys’ fees and costs is granted; defendants’ motions for attorneys’ fees and expert fees are denied; and defendants’ motion for costs is granted. I. BACKGROUND Cooper filed this civil rights action against Upstairs, Downstairs of New York, Inc.; Michael Grummons; Robert De Benedicits; and Paul Galluccio. Upstairs, Downstairs “does business as the ‘Townhouse Bar of New York’” (First Am. Compl. (FAC)

6-7, ECF No. 16), and is described by plaintiff as “a gay environment” (Cooper Dep. 220:3-7). Cooper was formerly the doorman at the Townhouse Bar. (FAC 14.) The three individual defendants are all part owners of the establishment. Grummons was Cooper’s direct supervisor and the primary focus of his allegations. Cooper alleged that while employed as a doorman at the Townhouse Bar, Grummons repeatedly sexually harassed him in violation of federal, New York State, and New York City anti-discrimination laws. (Id.