The following e-filed documents, listed by NYSCEF document number (Motion 004) 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 169, 178, 181, 182, 183, 184, 185, 186 were read on this motion to/for DISCOVERY. SUPPLEMENTAL DECISION + ORDER ON MOTION Upon the foregoing documents, it is Plaintiffs filed this motion on March 14, 2022, to compel the production of documents requested in plaintiffs’ January 6, 2022, document demands (Document Demands) and for reimbursement of legal fees and a preclusion order. In its decision and order dated September 22, 2021 (NYSCEF Doc. No. [NYSCEF] 136, Decision and Order [mot. seq. no. 003]), the court ordered defendants to supplement their prior production with additional searches of documents by October 20, 2021. Defendants produced documents after the court’s deadline, and after subsequent review of the production, plaintiffs identified several categories of documents that were not produced. (NYSCEF 159, Stolper aff 10.) Plaintiffs served the Document Demands seeking the missing documents. (Id.) On February 2, 2022, after the parties submitted alternate revised discovery schedules, the court ordered defendants to complete their production of documents by February 14, 2022. (NYSCEF 144, Order.) Defendants subsequently failed to produce any documents (NYSCEF 159, Stolper aff 11), and plaintiffs filed this motion. In a decision and order dated April 18, 2022, the court granted motion sequence number 004, directing defendants to produce the requested documents by April 25, 2022. (NYSCEF 178, Decision and Order [mot. seq. no. 004].) Based on defendants’ failure to provide a reasonable excuse for their failure to comply with their discovery obligations (NYSCEF 211, tr at 2:24-3:8 [mot. seq. no. 004]), the court further ordered that the failure to comply would result in a preclusion order with adverse inferences. (Id.) The court also awarded attorneys’ fees. (Id.) On May 2, 2022, plaintiffs informed the court that defendants did not meet the production deadline and submitted a proposed preclusion order with adverse inferences. (NYSCEF 182, Proposed Order.) Plaintiffs’ counsel also submitted an affirmation of services. (NYSCEF 181, Stopler Aff of Services.) On May 9, 2022, defendants submitted their objection to plaintiffs’ request for attorneys’ fees and plaintiffs’ proposed preclusion order with a redlined version. (NYSCEF 183, Dolan Aff; NYSCEF 184, Redlined Order.) Defendants did not dispute their failure to comply with the court’s order, other than their sending plaintiffs’ counsel a list of passwords for password-protected documents. Attorneys’ Fees Plaintiffs seek $13,012.50 in attorneys’ fees. (NYSCEF 181, Stolper Aff 2.) In support of plaintiffs’ application, plaintiffs’ counsel, Michael Stolper, Esq., submits an affirmation containing a chart of the hours expended on this matter, the tasks performed, the hourly rates for the attorneys involved in this litigation, along with the experience of the attorneys. (Id.
4-7.) To determine the reasonableness of the requested fee, the court is guided by the following factors: (1) “the time and labor required, the difficulty of the questions involved, and the skill required to handle the problems presented;” (2) “the lawyer’s experience, ability, and reputation;” (3) “the amount involved and benefit resulting to the client from the services;” (4) “the customary fee charged by the Bar for similar services;” (5) “the contingency or certainty of compensation;” (6) “the results obtained;” and (7) “the responsibility involved.” (Matter of Freeman, 34 NY2d 1, 9 [1974].) These factors apply in commercial cases. (Commercial Litigation in New York, 4th ed., 2015, §53:7, Court-Awarded Attorneys’ Fees.) The court also relies on its own knowledge of hourly rates charged by private firms who practice in the Commercial Division, New York County. (See Miele v. New York State Teamster Conference Pension & Retirement Fund, 831 F2d 407, 409 [2d Cir 1987].) Stolper’s affirmation contains two paragraphs describing his and Priya Lehal’s legal experience. (NYSCEF 181, Stolper Aff
