Shepard v. Miller et al

Filing 105

STIPULATION and ORDER signed by Judge William B. Shubb on 4/26/2012 GRANTING Defendants Jane Miller, Career Press, Inc. and New Page Books an award of attorneys fees and costs under 17 U.S.C. § 505 of the Copyright Act in the amount of $273,916.62, VACATING the Motion Hearing scheduled for 5/7/2012. (Michel, G)

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Roger Myers (CA State Bar No. 146164)
[e-mail]
Katherine Keating (CA State Bar No. 217908)
[e-mail]
Leila Knox (CA State Bar No. 245999)
[e-mail]
BRYAN CAVE LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105-2994
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
JANE MILLER (erroneously sued herein as Jane Miler),
CAREER PRESS, INC. and NEW PAGE BOOKS

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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PAULA SHEPARD,

CASE NO. 2:10-CV-01863-WBS-JFM

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STIPULATION AND [PROPOSED] ORDER
SETTING COSTS AND ATTORNEYS’
FEES AWARDED TO DEFENDANTS
PURSUANT TO 17 U.S.C. § 505

Plaintiff,
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v.

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JANE MILER, an individual, CAREER PRESS,
INC. NEW PAGE BOOKS, and DOES 1-100,

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Defendants.

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Plaintiff Paula Shepard and defendants Jane Miller, Career Press, Inc. and New Page Books

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(collectively, “Defendants”), by and through their respective counsel, hereby stipulate and agree as

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follows:

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WHEREAS Plaintiff filed this action alleging copyright infringement, as well as state law
claims for fraud, misappropriation and unfair competition, on July 16, 2010;

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WHEREAS the Court on December 15, 2010 granted Defendants’ Special Motion to Strike

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Plaintiff’s State Law Causes of Action Pursuant to California’s Anti-SLAPP Statute, Code of Civil

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Procedure § 425.16;

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STIPULATION AND [PROPOSED] ORDER SETTING
COSTS AND ATTORNEYS’ FEES
#79204 v1 saf

Case No. 2:10-cv-01863-WBS-JFM

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WHEREAS the Court on May 5, 2011, granted Defendants’ Motion for Attorney’s Fees and
Costs under the Anti-SLAPP Statute in the amount of $119,143.05;
WHEREAS the Court on January 12, 2012, granted Defendants’ Motion for Summary
Judgment as to the remaining copyright infringement claim;
WHEREAS the Court on January 12, 2012, also entered judgment for Defendants and
against Plaintiff on all claims;

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WHEREAS Defendants, as the prevailing parties with respect to the copyright infringement

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claim, timely filed on March 9, 2012, a Motion for Award of Attorneys’ Fees and Costs Pursuant to

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17 U.S.C. § 505;

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WHEREAS Defendants’ fee motion contends, and Plaintiff concurs, that the factors

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identified by the Supreme Court and Ninth Circuit to be considered in determining whether to award

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attorneys’ fees and costs under the Copyright Act – including but not limited to the degree of success

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obtained by Defendants – support an award of attorneys’ fees and costs in this case, and that the

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granting of a fee award would further the purposes of the Copyright Act;

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WHEREAS Plaintiff agrees that the amount of attorneys’ fees and costs sought in

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Defendants’ March 9 motion is reasonable, save and excepting only the amount sought in fees for

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Defendants’ Motion for Judgment on the Pleadings;

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WHEREAS Plaintiff wishes to stipulate as to the amount of attorneys’ fees and costs that

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should be awarded to Defendants as part of an agreement that will, among other things, result in

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Plaintiff dismissing her pending appeal of the Court’s order of December 15, 2010, granting

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Defendants’ Special Motion to Strike Plaintiff’s State Law Causes of Action Pursuant to California’s

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Anti-SLAPP Statute;

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NOW THEREFORE the parties hereby stipulate and agree that the motion of Defendants

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Jane Miller, Career Press, Inc. and New Page Books for an award of attorneys’ fees and costs under

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17 U.S.C. § 505 of the Copyright Act against Plaintiff Paula Shepard shall be and is granted in the

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amount of $273,916.62, which reflects the amount originally sought by Defendants in their March 9

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motion for attorneys’ fees and costs under § 505 less only the amount that had been sought in fees

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STIPULATION AND [PROPOSED] ORDER SETTING
COSTS AND ATTORNEYS’ FEES
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Case No. 2:10-cv-01863-WBS-JFM

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for defendants’ motion for judgment on the pleadings.

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Dated: April 25, 2012

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BRYAN CAVE LLP
ROGER MYERS
KATHERINE KEATING
LEILA KNOX

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By: /s/ Roger Myers
ROGER MYERS
Attorneys for Defendants Jane Miller, Career
Press, Inc. and New Page Books

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Dated: April 25, 2012

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NARANCIC AND KATZMAN, PC
PERRY J. NARANCIC
/s/ Perry J. Narancic
By: (as authorized on April 25, 2012)
PERRY J. NARANCIC
Attorneys for Plaintiff Paula Shepard

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ORDER
Based upon the above stipulation of the parties, and good cause appearing therefore, IT IS
SO ORDERED. The May 7, 2012 motion hearing date is vacated.

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Dated: April 26, 2012

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STIPULATION AND [PROPOSED] ORDER SETTING
COSTS AND ATTORNEYS’ FEES
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Case No. 2:10-cv-01863-WBS-JFM