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Lation v. Fetner Properties Inc.

Plaintiff Requesting Attorneys' Fees Fails to Justify His Requested Fee Shifting

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OPINION AND ORDER Plaintiff Carl Lation, who works as a concierge in a Manhattan condominium, brought this action against Defendants Thomas Chiu, a resident-owner at the condo; 1212 Fifth Avenue Condominium (“1212 Fifth Avenue”), the condo association; and Fetner Properties, Inc. (“Fetner”), the management company. (Dkt. No. 1 (“Compl.”).) The basis of the suit is Chiu’s alleged harassing and discriminatory conduct against Lation.On December 22, 2017, the Court issued an Opinion and Order granting in part and denying in part Lation’s motion for default judgment against Chiu (Dkt. No. 47), and on February 6, 2018, judgment was entered in Lation’s favor on one of his claims against Chiu (Dkt. No. 64). Now before the Court is a motion for attorney’s fees and costs against Chiu in connection with Lation’s attempts to enforce his judgment. (Dkt. Nos. 109, 113.) For the reasons that follow, the motion for attorney’s fees and costs is denied.Also before the Court is a letter motion filed by Lation on January 24, 2019, styled on the docket as a “motion to compel.” (Dkt. No. 120.) For the reasons that follow, the three requests raised for the first time in this letter motion are granted in part and denied in part.I. BackgroundLation filed his Complaint in May 2017, alleging two claims against all Defendants — violation of federal anti-discrimination laws and violation of the New York City Human Rights Law — and alleging two claims against Chiu alone — intentional infliction of emotional distress and tortious interference with an employment contract. (Compl.

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