Keller v. Electronic Arts Inc. et al

Filing 656

ORDER by Judge Claudia Wilken ADOPTING #641 INTENDED RULING,GRANTING #548 MOTION FOR SANCTIONS, DENYING AS MOOT #595 MOTION TO STRIKE AMENDED DECLARATION, AND IMPOSING MONETARY SANCTIONS UPON ATTORNEY REGINALD TERRELL. (ndr, COURT STAFF) (Filed on 11/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE NCAA STUDENT-ATHLETE
NAME & LIKENESS LICENSING
LITIGATION
________________________________/
This document relates to:
FORMER PLAINTIFF ISHMAEL
THROWER
________________________________/

United States District Court
For the Northern District of California

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No. C 09-1967 CW
ORDER ADOPTING
INTENDED RULING
(Docket No. 641),
GRANTING MOTION
FOR SANCTIONS
(Docket No. 548),
DENYING AS MOOT
MOTION TO STRIKE
AMENDED
DECLARATION
(Docket No. 595),
AND IMPOSING
MONETARY SANCTIONS
UPON ATTORNEY
REGINALD TERRELL

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On October 30, 2012, the Court issued a tentative ruling

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indicating that it was inclined to grant Defendant Collegiate

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Licensing Company (CLC)’s motion for monetary sanctions, impose

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monetary sanctions on Reginald Terrell, attorney for former

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Plaintiff Ishmael Thrower, and deny as moot CLC’s motion to strike

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Terrell’s amended declaration.

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At that time, the Court ordered CLC to file evidence of the

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attorneys’ fees and costs that it incurred in connection with

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filing the motion for sanctions and the August 21, 2012 discovery

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letter brief, in preparing for and attending the August 29, 2012

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hearing and in its repeated attempts to meet and confer with

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Terrell regarding discovery from Thrower.

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Terrell leave to file a response, by November 13, 2012, to CLC’s

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evidence of its fees and costs.

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include with this response a statement as to whether he requested

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a hearing on the imposition of monetary sanctions.

The Court also granted

The Court directed Terrell to

The Court

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warned Terrell that failure to file a response would result in the

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Court’s adoption of the tentative decision as its final ruling,

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and setting an amount of fees and costs to be paid.

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On November 6, 2012, CLC filed evidence of the fees and costs

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charged by its counsel, Kilpatrick Townsend & Stockton LLP (KTS),

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for the work identified in the Court’s order, as well as a

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description of relevant qualifications and experience of each

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individual at KTS who worked on these matters, a statement of

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their customary hourly charges, and evidence of comparable

United States District Court
For the Northern District of California

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prevailing hourly rates in the local area.

Docket No. 647.

As of the date of this Order, Terrell has not filed a

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response to CLC’s evidence of its fees and costs and has not

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notified the Court that he requests a hearing on the imposition of

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monetary sanctions.

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order as its final ruling on CLC’s motions for sanctions and to

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strike.

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Court GRANTS CLC’s motion for monetary sanctions on Terrell but

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declines to impose such sanctions upon Thrower (Docket No. 548),

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and DENIES as moot CLC’s motion to strike Terrell’s amended

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declaration (Docket No. 595).

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Thus, the Court ADOPTS the October 30, 2012

For the reasons set forth in the tentative ruling, the

Based on the evidence submitted, and having received no

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objection from Terrell, the Court finds that CLC reasonably

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incurred $17,137.73 in attorneys’ fees and costs in connection

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with filing the motion for sanctions and the August 21, 2012

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discovery letter brief, in preparing for and attending the August

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29, 2012 hearing and in its repeated attempts to meet and confer

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with Terrell regarding discovery from Thrower, and that imposition

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of sanctions in this amount is appropriate.
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Accordingly, the

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Court ORDERS that, within twenty-eight days of this Order, Terrell

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pay monetary sanctions in the amount of $17,137.73 to CLC through

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its counsel.

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IT IS SO ORDERED.

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Dated: 11/19/2012

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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