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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 10-04206 CRB J & J SPORTS PRODUCTIONS, ORDER RE FEES AND COSTS Plaintiff, v. JOSEPH MARTIN COYNE, Defendant. / 16 17 Plaintiff has moved for attorneys’ fees and costs arising out of this litigation. Under 18 47 U.S.C. § 553(c)(2)(C), “[t]he court may – direct the recovery of full costs, including 19 awarding reasonable attorneys’ fees to an aggrieved party who prevails.” (emphasis added). 20 The Court declines to award fees in this case, finding defense counsel’s actions, while 21 unsuccessful, not undertaken in bad faith. Given the small damage award, the Court finds 22 fees inappropriate, and DENIES the motion with respect to fees. The Court GRANTS the 23 Motion with respect to costs, and ORDERS the award of costs in the amount of $2,051.51. 24 IT IS SO ORDERED. 25 26 27 28 Dated: April 4, 2012 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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