OPINION
GOETTEL, District Judge.
Pursuant to Fed.R.Civ.P. 54(d) and 42 U.S.C. § 1988, Smart SMR of New York, Inc., d/b/a Nextel Communications ("Nextel") has filed an application for attorneys' fees and costs in the amount of $40,444.52, which includes $35,347.00 in legal fees, $3,097.52 in costs, and $2,000.00 for the preparation of the fee application. For the reasons discussed below, we award fees and costs in the amount of $9,411.93.
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