IO Group, Inc. v. Antelope Media, LLC

Filing 116

ORDER GRANTING PLAINTIFF'S MOTION FOR COSTS AND ATTORNEY'S FEE AWARD. The Court awards attorney's fees in the amount of $8990 and costs in the amount of $1508.67. Signed by Judge Susan Illston for Maxine M. Chesney (mmclc1, COURT STAFF) (Filed on 7/8/2010)

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IO Group, Inc. v. Antelope Media, LLC Doc. 116 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 D. GILL SPERLEIN (172887) THE LAW OFFICE OF D. GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, California 94114 Telephone: (415) 404-6615 Fax: (415) 404-6616 gill@sperleinlaw.com Attorney for Plaintiff IO GROUP, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) IO GROUP, INC. d/b/a TITAN MEDIA, a California corporation, Plaintiff, vs. ANTELOPE MEDIA, LLC et al., Defendants. CASE NO.: CV-08-4050 (MMC) PLAINTIFF'S IO GROUP'S NOTICE OF MOTION AND MOTION FOR COSTS AND ATTORNEY'S FEE AWARD; AND [PROPOSSED] ORDER Date: July 16, 2010 Time: 9:00 am CtRm: 7, 19th Fl. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff moves the Court for reasonable attorney fees under 17 U.S.C. 505 and Local Civil Rule 54-5. On July 16, 2010 at 9:00 a.m. or as soon thereafter as this matter may be heard by the above-entitled court, located at 450 Golden -1- Plaintiff's Application for Reasonable Attorney's fees CV-08-4050 (MMC) Dockets.Justia.com 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 Gate Avenue, San Francisco, California, 94102, Plaintiff Io Group, Inc. will present its Motion for Costs and Attorney's Fee Award against all Defendants. POINTS AND AUTHORITIES By Order on May 28, 2010 the Court awarded Plaintiff full costs, including attorney's fees, pursuant to 17 U.S.C. 505 and directed Plaintiff to file a motion for costs and fees no later than 14 days from the entry of the judgment. The Clerk entered judgment on June 1, 2010. The Copyright Act provides that, in civil copyright actions, the Court may, at its discretion, "award a reasonable attorney's fee to the prevailing party as part of the costs. 17 U.S.C. 505. "In deciding whether to award fees under the Copyright Act, the Court shall consider the following factors: the degree of success obtained on the claim; frivolousness; motivation; objective reasonableness of factual and legal arguments; and need for compensation and deterrence." Cadkin v. Bluestone, 2007 U.S. Dist. LEXIS 83582 *1 (C.D. Cal. Apr. 9, 2007), citing, Jackson v. Axton, 25 F.3d 884, 890 (9th Cir. 1994). Plaintiff was entirely successful on its claims, its motives were just, it arguments reasonable and the need for deterrence is great. Since the Court awarded fees and cost, the purpose of this motion is simply to establish a reasonable amount for the award. As set forth fully in the accompanying Declaration of D. Gill Sperlein in support of this Motion, Plaintiff is entitled to recover $8,990.00 in attorney fees.1 (Sperlein Decl. at 1 Plaintiff only seeks fees for work preformed after November 1, 2009. -2- Plaintiff's Application for Reasonable Attorney's fees CV-08-4050 (MMC) 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 7; Ex. A.) Plaintiff's counsel carefully tracked billable hours. (Id.) Plaintiff's counsel is well qualified and has considerable experience in this field of the law. (Id. at 2 and 3.) The rates charged by Plaintiff's counsel, if anything are lower than the average litigation counsel in the San Francisco Bay Area. (Id. at 5.) The amount of time spent on each task was also reasonable. Accordingly, Plaintiff seeks an award of attorney's fees in the amount of $$8,990.00. Plaintiff seeks costs in the amount of $350 for the filing fee and $1,158.67 for costs relating to service of process including process server fees, mailing fees and other related expenses for a total of $1,508.67. (Id. at 8; Ex. B and C.) Plaintiff submits this matter on the record before the Court and consents to have the motion ruled upon without oral argument. CONCLUSION Plaintiff's request for attorney's fees is reasonable. Respectfully Submitted, Dated: June 7, 2010 /s/ D. Gill Sperlein ______________________________ GILL SPERLEIN GENERAL COUNSEL, IO GROUP, INC. Attorney for Plaintiff Io, Group, Inc. -3- Plaintiff's Application for Reasonable Attorney's fees CV-08-4050 (MMC) 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 -4- [PROPOSED] ORDER Having fully considered Plaintiff's Motion for Attorney's Fees and the Declarations and and no opposition having been filed, Exhibits in support thereof and reviewing the record, the Court GRANTS the Motion and awards ^ attorney's fees in the amount of $8,990.00 and costs in the amount of $1,508.67. The July 16, 2010 hearing is hereby VACATED. Jul _ 8, 2010 DATED:____y _______________________ /s/ Susan Illston for _________________________________ Maxine M. Chesney United States District Judge Plaintiff's Application for Reasonable Attorney's fees CV-08-4050 (MMC)

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