J & J Sports Productions Incorporated v. Margaillan et al
Filing
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ORDER granting in part and denying in part 20 Motion for Attorney Fees. It is Ordered Plaintiff & J Sports is awarded $825.00 in costs and $1,485.00 in attorneys' fees. It if further Ordered the Clerk of Court shall enter an amended judgment in this case. Signed by Judge Cindy K Jorgenson on 1/14/2014.(MFR)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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J & J SPORTS PRODUCTIONS, INC., )
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Plaintiff,
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vs.
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LUIS HECTOR MARGAILLAN, et al., )
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Defendants.
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No. CIV 13-312-TUC-CKJ
ORDER
Pending before the Court is Plaintiff’s Motion for Award of Costs and Attorneys’ Fees
(Doc. 20).
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Procedural Background
Plaintiff J & J Sports Productions, Inc., (“J & J Sports”) filed a Complaint in this
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Court on May 4, 2013.
J & J Sports alleged Defendants Luis Hector Margaillan
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(“Margaillan”) and Lamco Enterprises, LLC (“Lamco”) violated 47 U.S.C. § 605 by their
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unauthorized publication or use of communications (i.e., the transmission of the Floyd
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Mayweather, Jr. v. Miguel Cotto, WBA Super World Light Middleweight Championship
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Fight Program (“the Program”)) for which J & J Sports had the distributing rights. J & J
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Sports also alleged Margaillan and Lamco violated 47 U.S.C. § 553 by their unauthorized
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interceptions, reception, publication, divulgence, display, and/or exhibition of the Program.
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The Clerk of Court entered default on September 11, 2013 (Docs. 11 and 13). On
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December 18, 2013, this Court granted J & J Sports’ Motion for Default Judgment; Default
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Judgment was entered.
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J & J Sports requests an award of costs and attorneys’ fees based on the entry of
default judgment (Doc. 20).
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Motion for Award of Costs and Attorneys’ Fees (Doc. 20)
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J & J Sports requests an award of costs and attorneys’ fees based on the entry of
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default judgment. J & J Sports Court's entry of default judgment, claiming it is the prevailing
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party for purposes of such an award. (ECF No. 15.)
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Generally, prevailing parties do not recover attorneys’ fees unless there is some
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statutory or other exception to the American rule. Middle Mountain Land and Produce Inc.
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v. Sound Commodities Inc., 307 F.3d 1220, 1225 (9th Cir. 2002) (citing Alyeska Pipeline
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Serv. Co. v. Wilderness Soc'y, 421 U.S. 240, 257-59 (1975). 47 U.S.C. § 605 provides an
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exception to the American rule.
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Under 47 U.S.C. § 605, the Court “shall direct the recovery of full costs, including
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awarding reasonable attorneys' fees to an aggrieved party who prevails.” 47 U.S.C. §
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605(e)(3)(B)(iii). A “person aggrieved” includes “any person with proprietary rights in the
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intercepted communication by wire or radio[,]” 47 U.S.C. § 605(d)(6), or whose rights to a
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communications service have been violated by unauthorized interception or receipt of the
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service, 47 U.S.C. § 553(a). See also J & J Sports Prods., Inc. v. Rezdndiz, No. 08 C 4121,
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2008 WL 5211288, at *2 (N.D.Ill. Dec. 9, 2008) (holding that, under 47 U.S.C. § 553, “it is
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clearly possible for non-cable operators to be ‘aggrieved’ as a result of unauthorized
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interception”).
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“Courts consistently confirm that ‘a party in whose favor judgment is rendered is
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generally the prevailing party for purposes of awarding costs under Rule 54(d).’” San Diego
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Police Officers' Ass'n v. San Diego City Employee's Ret. Sys., 568 F.3d 725, 741 (9th Cir.
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2009). A plaintiff, therefore, who obtains a default judgment may be considered a prevailing
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party for purposes of awarding fees and costs under § 605. See J & J Sports Prods., Inc. v.
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Miranda, No. C 09–1037 SI, 2009 WL 3837273 (N.D.Cal. Nov.16, 2009).
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J & J Sports has prevailed on its claim for violation of 47 U.S.C. § 605 by obtaining
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a default judgment. J & J Sports is, therefore, entitled to an award of its costs and an award
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of reasonable attorneys’ fees. J & J Sports seeks $1,500.00 in costs – however, the Bill of
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Costs submitted by J & J Sports states the costs as $1,450.00.
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J & J Sports’ costs include the filing fee ($400.00), and service-of-process charges
($425.00). The Court finds these costs are allowable by law and necessarily incurred.
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J & J Sports also lists investigative expenses in the amount of $625.00. J & J Sports
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seeks this cost pursuant to LRCiv 54.1. The Local Rule lists the items that may be taxed,
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including “[o]ther items . . . with prior Court approval.” J & J Sports does not assert it
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“obtained prior court approval to tax its investigator fees or expenses.” J & J Sports
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Productions, Inc. v. Mosqueda, No. CV–12–00523–PHX–DGC, 2013 WL 5336848 *2
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(D.Ariz. Sept. 24, 2013). The Court finds this item is not taxable under LRCiv 54.1.
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Therefore, the Court finds an award of $825.00 for costs is appropriate.
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J & J Sports also seek an award of $1,935.00 for attorneys’ fees. LRCiv 54.2 sets
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forth factors that are to be discussed, as appropriate, that “bear[] on the reasonableness of the
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requested attorneys' fee award[.]” The Court has considered the factors as discussed by
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counsel, including the time and labor of counsel and his associates. The Motion includes
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preparation of the Motion for an Award of Costs and Attorneys’ Fees in the request.
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However, “[i]f the moving party claims entitlement to fees for preparing the motion and
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memorandum for award of attorneys' fees and related non-taxable expenses, such party also
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must cite the applicable legal authority supporting such specific request.” LRCiv 54.2(c)(2);
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see also Moshir v. Automobili Lamborghini America LLC, 927 F.Supp.2d 789, 804 (D.Ariz.
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2013). No authority having been provided for an award for the preparation of the pending
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motion, the Court will reduce the requested award by $450.00 (2.75 hours), the amount
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requested for the preparation of the pending motion. The remaining number of hours
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expended in this case as set forth in the motion is reasonable. See Doc. 20. Additionally, in
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light of counsel’s experience and specialized knowledge, the Court finds the charged hourly
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rates, as set forth in the motion, are reasonable. Id.; Hensley v. Eckerhart, 461 U.S. 424, 433
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(1983). The Court finds an award of $1,425.00 for attorneys’ fees is appropriate.
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Accordingly, IT IS ORDERED:
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Plaintiff’s Motion for Award of Costs and Attorneys’ Fees (Doc. 20) is
GRANTED IN PART AND DENIED IN PART.
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Plaintiff J & J Sports is awarded $825.00 in costs and $1,485.00 in attorneys’
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The Clerk of Court shall enter an amended judgment in this case.
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4.
The Clerk of Court shall mail a copy of this Order to:
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fees.
Luis Hector Margailan
1012 N. G Avenue, Suite 100
Douglas AZ 85607
Lamco Enterprises, LLC
1012 N. G Avenue, Suite 100
Douglas, AZ 85607
DATED this 14th day of January, 2014.
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