Ally Financial Incorporated v. Jones

Filing 21

ORDER - IT IS ORDERED that Plaintiff's Application for Attorneys' Fees (Doc. 20 ) is granted to the extent that plaintiff Ally Financial, Inc. is awarded attorneys' fees from defendant Donald Jones in the total amount of $7,639.00. (See document for further details). Signed by Senior Judge Paul G Rosenblatt on 10/14/13. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ally Financial, Inc.,
Plaintiff,

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vs.

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Donald Jones,

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Defendant.

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No. CV-13-00139-PHX-PGR
ORDER

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In its Order (Doc. 17) granting plaintiff Ally Financial, Inc.’s Application for

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Entry of Default Judgment and in its Default Judgment (Doc. 18), the Court awarded

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the plaintiff its reasonable attorneys’ fees pursuant to 15 U.S. C. § 1117(a),

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contingent on the plaintiff filing a timely fee application, based on the Court’s finding

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that defendant Donald Jones had willfully violated the Anticybersquatting Consumer

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Protection Act, 15 U.S.C. § 1125(d). Pending before the Court is the plaintiff’s

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timely-filed Application for Attorneys’ Fees (Doc. 20), wherein it seeks attorneys’ fees

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in the total amount of $8,207.50. Having considered the plaintiff’s application and

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accompanying exhibits, the Court finds that the plaintiff is entitled to an award of

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attorneys’ fees from the defendant in the amount of $7,639.00.

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The plaintiff seeks fees for the work performed by two attorneys: Maurice

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Jenkins, who charged a billing rate of $375.00 per hour and Stephen Coleman, who

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charged a billing rate of $259.00 per hour. Although the information provided by the

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plaintiff relevant to the reasonableness of the billed rates is so cursory as to be

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barely acceptable, the Court concludes that the billed rates are in line with those

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prevailing in the Phoenix Division of the District of Arizona for attorneys of

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reasonably comparable experience.

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The Court further concludes, however, that the plaintiff is not entitled to be

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awarded fees for all of the 24.5 hours requested in its fee request. First, the Court

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will not award the .90 hours ($233.10) the plaintiff seeks for Stephen Coleman’s

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work on January 8-9, 2013 related to his analysis of the requirements and procedure

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for obtaining a temporary restraining order because the plaintiff never filed any TRO

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request. Second, the Court will not award the .60 hours ($155.40) for Stephen

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Coleman’s work on July 23-25, 2013 because the submitted time report states that

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this work was “unbilled.” Therefore,

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IT IS ORDERED that Plaintiff’s Application for Attorneys’ Fees (Doc. 20) is

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granted to the extent that plaintiff Ally Financial, Inc. is awarded attorneys’ fees from

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defendant Donald Jones in the total amount of $7,639.00.

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DATED this 14th day of October, 2013.

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