Scott v. City of N.Y., No. 09-5232 - U.S. Second Circuit
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Scott v. City of N.Y., No. 09-5232

FLSA Attorney's Fees Case

In Scott v. City of N.Y., No. 09-5232, an appeal from the district court's order awarding plaintiff's counsel attorney's fees pursuant to section 216(b) of the Fair Labor Standards Act, the court vacated the order where, because the district court did not explain the basis on which counsel was excepted from the requirement that attorneys submit contemporaneous time records with their fee applications, the court was unable to divine whether the district court abused its discretion in granting such an exception.

As the court wrote:  "The City of New York appeals from an order of the United States District Court for the Southern District of New York (Scheindlin, J.) awarding Thomas P. Puccio attorney's fees pursuant to section 216(b) of the Fair Labor Standards Act. Puccio cross-appeals. Because the district court did not explain the basis on which Puccio was excepted from the requirement that attorneys submit contemporaneous time records with their fee applications, we are unable to divine whether the court abused its discretion in granting such an exception. Accordingly, the order of the district court granting those attorney fees is VACATED and the case is REMANDED for further proceedings consistent with this opinion."

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