Elizabeth Richter v. Alexander G. Richter (2010)

MEMORANDUM OF DECISION ON PLAINTIFF'S REQUEST FOR POSTPONEMENT OF HEARING ON DEFENDANT'S ATTORNEYS FEES CLAIM

On September 30, 2010, the court rendered a decision on two motions in the above-captioned matter as follows:

1.  The court denied the plaintiff's motion to reopen the judgment.

2. The court granted the defendant's motion for the plaintiff to pay defendant's counsel fees, but the amount was to be determined.   At about that time the court suggested that the plaintiff consult with an attorney after examining the affidavit of the defendant's attorney.   The plaintiff said she would.

Since then, two issues related to counsel fees have been resolved by the court.   They are as follows:

1.  The court limited the counsel's fee claim to encompass only the motion to reopen the judgment and not any other issues between the parties.

2. The court determined the attorney's hourly rate charge on the affidavit was consistent with the rate charged in all other cases and that it had not been increased for this particular case.

The only remaining issue related to counsel fees is the amount of time spent on various items, plus any out-of-pocket expenses such as transcripts itemized in the attorney's affidavit.   The court examined the attorney's affidavit and found that the amount of time the attorney spent on the motion to reopen was 135 hours.   In addition, the affidavit enumerated out-of-pocket expenses in the amount of $2,130.18 in connection with this motion.

The court normally performs financial analysis of affidavits submitted in cases where there is a claim for reimbursement of counsel fees.   The court does not need to have a hearing, particularly in a case where the plaintiff has a medical condition which prevents her from attending the hearing.   The plaintiff, however, may certainly inform the court of any item in the attorney's affidavit that she wants the court to examine before it issues its final decision by simply writing a letter to the court, and specifying the item or items that she is questioning in the defendant's affidavit, and sending a copy of that note to the defendant's attorney.

The court analyzed the affidavit in about a half an hour and it would not pose a problem for plaintiff to do so.   The court will grant the plaintiff until January 5, 2011 to submit her letter to the court, if she believes that this would be necessary.   If the court does not receive a letter by January 5, 2011, the court will render its decision immediately.   If the court receives a letter from the plaintiff by January 5, 2011, the court will consider the plaintiff's comments in rendering its decision.

SO ORDERED.

BY THE COURT,

Barall, JTR

Barall, Herbert, J.T.R.