J & J Sports Producions, Inc. v. Coyne et al
ORDER by Judge Charles R. Breyer granting in part and denying in part 88 Motion for Attorney Fees and Costs; granting 95 Motion for Leave to File. (crblc2, COURT STAFF) (Filed on 4/4/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 10-04206 CRB
J & J SPORTS PRODUCTIONS,
ORDER RE FEES AND COSTS
JOSEPH MARTIN COYNE,
Plaintiff has moved for attorneys’ fees and costs arising out of this litigation. Under
47 U.S.C. § 553(c)(2)(C), “[t]he court may – direct the recovery of full costs, including
awarding reasonable attorneys’ fees to an aggrieved party who prevails.” (emphasis added).
The Court declines to award fees in this case, finding defense counsel’s actions, while
unsuccessful, not undertaken in bad faith. Given the small damage award, the Court finds
fees inappropriate, and DENIES the motion with respect to fees. The Court GRANTS the
Motion with respect to costs, and ORDERS the award of costs in the amount of $2,051.51.
IT IS SO ORDERED.
Dated: April 4, 2012
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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