Broadcast Music, Inc. et al v. Epicurean Enterprises, LLC et al

Filing 39

ORDER granting 36 Motion for Attorney Fees. Pursuant to 17 U.S.C. § 505, attorneys fees in the total amount of $31,510 are awarded in favor of Plaintiffs and against Defendants, jointly and severally. Signed by Judge David G Campbell on 12/4/09.(DMT, )

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiffs, ) ) vs. ) ) Epicurean Enterprises, LLC, doing business as LeGirls Cabaret West, et al., ) ) ) Defendants. ) Broadcast Music, Inc., et al., No. CV-08-1926-PHX-DGC ORDER Plaintiffs have filed a motion for attorneys' fees. Dkt. ##36, 37. Defendants have not responded to the motion. For the reasons that follow, the Court will award Plaintiffs $31,510. I. Background. On October 20, 2008, Plaintiffs filed a complaint against Defendants under the Copyright Act of 1976, 17 U.S.C. 101, et seq. Dkt. #1. The complaint asserted eight claims of willful copyright infringement and requested statutory damages, an injunction against further infringement, and attorneys' fees. Id. at 3. On June 26, 2009, Plaintiffs filed a motion for summary judgment which the Court granted. Dkt. #34. Plaintiffs now seek an award of attorneys' fees under 17 U.S.C. 505. Dkt. ##36, 37. II. Analysis. Under 17 U.S.C. 505, the Court may "award a reasonable attorney's fee to the prevailing party" of a civil action under Title 17. Plaintiffs' counsel, Mark Deatherage, has filed an affidavit and an itemized statement of fees showing that he worked 68.2 hours on this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 case and that a paralegal worked 5.3 hours. Dkt. #37-1 at 4. Having reviewed counsel's affidavit (id. at 11-12) and the statement of fees (id. at 4-9), and having considered the favorable result counsel obtained for Plaintiffs and the relevant fee award factors, see Hensley v. Eckerhart, 461 U.S. 424, 429-30 n.3 (1983), the Court finds that the requested award is reasonable. IT IS ORDERED: 1. 2. Plaintiffs' motion for attorneys' fees (Dkt. #36) is granted. Pursuant to 17 U.S.C. 505, attorneys fees in the total amount of $31,510 are awarded in favor of Plaintiffs and against Defendants, jointly and severally. DATED this 4th day of December, 2009. -2-

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