Neeley v. 5 Federal Communications Commissioners et al

Filing 27

ORDER granting 26 Motion for Attorney Fees in the amount of $11,434.08. Plaintiff's obligation to pay is suspended unless another lawsuit against Google is filed and determined to be frivolous or in violation of this Court's injunction. Signed by Honorable Timothy L. Brooks on September 5, 2014. (jn)

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

CURTIS J. NEELEY, JR.

v.

PLAINTIFF
Case No. 5:14-CV-05135

5 FEDERAL COMMUNICATIONS
COMMISSIONERS; MICROSOFT
CORPORATION; and GOOGLE, INC.

DEFENDANTS

OPINION AND ORDER

Currently before the Court is Separate Defendant Google, Inc.'s (uGoogle") Motion
for Attorneys' Fees and Expenses (Doc. 26) filed pursuant to this Court's Order entered
August 5,2014 (Doc. 22) and the Court's subsequent Order on Plaintiff Curtis J. Neeley's
("Mr. Neeley") Motion for Reconsideration (Doc. 25) entered on August 18, 2014. In
accordance with the Court's Orders, Google has submitted an itemized statement of costs
and attorneys' fees incurred as a result of Mr. Neeley filing a Complaint against Google
related to events previously litigated. Mr. Neeley's deadline to file a response to Google's
Motion has passed with no objections or response having been filed.
In its August 18, 2014 Order, the Court clarified that it intended to sanction Mr.
Neeley by ordering him to pay Google's reasonable attorneys' fees, provided that Google
filed an appropriate motion requesting those fees by August 19, 2014. Upon thorough
consideration of Google's timely filed Motion and accompanying billing statement, the
Court finds that Google has substantiated costs and fees totaling $11,434.08, which the
Court finds to be reasonable.

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Accordingly, IT 15 HEREBY ORDERED AND ADJUDGED that Google shall be
entitled to recover its attorneys' fees from Mr. Neeley in the amount of $11,434.08.
IT 15 FURTHER ORDERED that Mr. Neeley's obligation to pay said fees is hereby
suspended, unless and until such time that Mr. Neeley may file another lawsuit against
Google. If the Court determines that any such future suit is frivolous and/or in violation of
this Court's standing Injunction prohibiting the filing of such suits, then the Court will reduce

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