Cole-Hoover v. Dept. of Corrections, No. 15-1986 (2d Cir. 2015)
Annotate this CasePlaintiff filed an employment discrimination suit against the Department and others. While the litigation was pending, plaintiff was represented by non-party appellees, whose motion is before the court. Appellees withdrew their representation and were replaced. The case was ultimately settled. Before the parties announced their intention to settle, appellees sought an order directing plaintiff to pay their unpaid attorney’s fees out of the proceeds of the settlement. The district court later entered a final judgment in favor of plaintiff. On February 12, 2014, the district court issued a decision and order on motions for attorneys' fees. On May 21, 2014, the district court filed a decision and order determining that replacement counsel was entitled to attorney fees and ordered payment to her. On June 22, 2014, plaintiff filed a notice of appeal from the orders entered on February 12, 2014, and May 21, 2015. On July 14, 2015, appellees filed a motion requesting dismissal of plaintiff's appeal and seeking sanctions. The court denied the motion to dismiss as untimely an appeal from the district court's order and denied the motion for sanctions.
The court issued a subsequent related opinion or order on October 15, 2015.
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