Livingston v. Art.com, Inc. et al

Filing 103

ORDER RE: ATTORNEYS FEES AND COSTS. Signed by Magistrate Judge Jacqueline Scott Corley on 3/27/2015. (ahm, COURT STAFF) (Filed on 3/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETE LIVINGSTON,

Case No. 13-cv-03748-JSC

Plaintiff,
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ORDER RE: ATTORNEYS’ FEES AND
COSTS

v.
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ART.COM, INC., et al.,

Re: Dkt. No. 87

Defendants.

United States District Court
Northern District of California

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Plaintiff contends that Defendants Jack Allen (“Allen”) and Dream City Photo Lab

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(“Dream City,” and together, “Defendants”) infringed his copyright in a photograph of Marilyn

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Monroe. The Clerk of Court entered default against Allen and Dream City on November 14,

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2013, after they failed to appear or otherwise defend themselves in this matter since its

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commencement in August of 2013. (Dkt. No. 20.) Plaintiff now moves for default judgment

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including an award of statutory damages, attorneys’ fees and costs, and an injunction barring any

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future infringements of Plaintiff’s right to the photograph. (Dkt. No. 87.) In the motion, Plaintiff

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requests “a ruling [ ] that he is entitled to an award of reasonable attorney fees” and represents that

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he will later “submit a request for the amount of attorney fees pursuant to [Federal Rule of Civil

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Procedure 54(d)(2).” (Id. at 7.) Although Plaintiff included with his motion for default judgment

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a declaration from his attorney describing the attorney’s experience, a requested hourly rate, and

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the type of work performed in this matter (Dkt. No 87-3), there has been no request for a particular

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amount, no billing records or other documentation to support the fees or costs, and no briefing

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dedicated to establishing the reasonableness of the amounts sought. Moreover, there has been

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significant briefing in the months that have passed since Plaintiff first filed that motion for default

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judgment. Accordingly, the Court hereby ORDERS Plaintiff to file by April 3, 2015, a motion for

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attorneys’ fees and costs that identifies a particular amount sought and is supported by appropriate

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documentation.

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IT IS SO ORDERED.
Dated: March 27, 2015

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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