MEMORANDUM AND ORDER Presently before the Court in this New York common law diversity action, pursuant to this Court’s November 17, 2021 Memorandum and Order and Report and Recommendation (the “Sanctions Opinion” or “Sanctions Op.”), see Docket Entry (“DE”) [93], Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 37(e), and the Court’s inherent authority, is Defendant Don Lemon’s (“Defendant” or “Lemon”) Motion for Attorneys’ Fees. See Defendant’s Motion for Attorney Fees Pursuant to the Court’s Report and Recommendation of November 17, 2021 (“Defendant’s Motion” or “Def. Mot”), DE [106]. By way of Complaint filed on August 7, 2019, Plaintiff Dustin Hice (“Plaintiff” or “Hice”) commenced this litigation against Defendant, asserting claims for: (1) assault and battery; (2) intentional infliction of emotional distress; and (3) negligent infliction of emotional distress. See Complaint (“Compl.”), DE [1-2]. On November 17, 2021, after Defendant’s submission of his motion for sanctions due to Plaintiff’s spoliation of evidence, see DE [82], this Court issued the Sanctions Opinion, and: (1) awarded Lemon reasonable attorneys’ fees and costs associated with Hice’s destruction of evidence and in bringing Defendant’s motion for sanctions; (2) recommended that Lemon be “given an adverse inference jury instruction at trial”; and (3) directed Defendant to file Defendant’s Motion on or before February 4, 2022. See Sanctions Op. at 22. Lemon filed Defendant’s Motion on February 2, 2022, see Def. Mot., which Hice opposes. See generally Plaintiff’s Response in Opposition to Defendant’s Motion (“Plaintiff’s Opposition” or “Pl. Opp.”), DE [107]. For the reasons set forth below, the Court grants Defendant’s Motion in part and denies it in part, and awards Lemon $77,119.33 in attorneys’ fees and costs. I. BACKGROUND A. The Parties’ Initial Interactions The following facts are taken from the Sanctions Opinion, as well as the parties’ pleadings, affidavits, and exhibits. Except where indicated, these facts are not in dispute. Plaintiff is a Florida domiciliary, while Defendant a new York citizen. See Compl.
3-4. Over the summer of 2018, Hice lived in the Hamptons, and worked at an establishment identified as the Old Stove Pub, a restaurant and bar located in Sagaponack, New York. Id. at
