J & J Sports Producions, Inc. v. Coyne et al

Filing 98

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 10-04206 CRB

J & J SPORTS PRODUCTIONS,

ORDER RE FEES AND COSTS

Plaintiff,
v.
JOSEPH MARTIN COYNE,
Defendant.

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Plaintiff has moved for attorneys’ fees and costs arising out of this litigation. Under

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47 U.S.C. § 553(c)(2)(C), “[t]he court may – direct the recovery of full costs, including

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awarding reasonable attorneys’ fees to an aggrieved party who prevails.” (emphasis added).

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The Court declines to award fees in this case, finding defense counsel’s actions, while

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unsuccessful, not undertaken in bad faith. Given the small damage award, the Court finds

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fees inappropriate, and DENIES the motion with respect to fees. The Court GRANTS the

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Motion with respect to costs, and ORDERS the award of costs in the amount of $2,051.51.

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IT IS SO ORDERED.

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Dated: April 4, 2012

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE