This matter having come before the Court on the Motions of Defendants, Long Island Pipe Fabrication & Supply Corporation ("Long Island Pipe"), Robert Moss, and Aetna U.S. Healthcare ("Aetna"), for Attorneys' Fees, Clifford P. Chaiet, Esq., and Jeffrey N. Naness, Esq., NANESS, CHAIET & NANESS, LLC, appearing on behalf of Defendants Long Island Pipe and Robert Moss; Edward S. Wardell, Esq., KELLEY, WARDELL & CRAIG, LLP, appearing on behalf of Defendant Aetna; and Diana Andreacchio, Esq., appearing on behalf of Plaintiff, Steven M. Veneziano; and,
The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this Order;
IT IS, on this 31st day of December, 2002, hereby ORDERED that:
1. Defendants Long Island Pipe and Moss's Motion for Attorneys' Fees and Costs is DENIED;
2. Defendant Aetna's Motion for Attorneys' Fees and Costs is GRANTED;
3. Counsel for Plaintiff, Diana Andreacchio, Esq., shall personally reimburse Aetna its reasonable attorneys' fees and costs incurred in defending against claims asserted against Aetna under the Americans with Disabilities Act and the New Jersey Law Against Discrimination;
4. Aetna's counsel shall prepare and submit an Affidavit pursuant to Local Civil Rule 54.2 within thirty days of this Order detailing its fees incurred solely in defending against the ADA and LAD claims;
5. Plaintiff shall submit opposition papers within fourteen days from the receipt of the Affidavit. Aetna will have seven days thereafter in which to file a reply. The Court will decide the amount of attorneys' fees and costs to be awarded based upon the papers submitted unless the Court determines that an evidentiary hearing or oral argument is necessary;
6. Defendants Long Island Pipe and Moss's Motion for a Stay of Entry and/or Enforcement of Judgment Pending Determination of Defendant's Application for Costs and Attorney's Fees and Expenses is DENIED as moot.
STEPHEN M. ORLOFSKY United States District Judge
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