Greenspan v. IAC/InterActiveCorp et al

Filing 83

ORDER. Signed by Judge Ronald M. Whyte on 11/10/2015. (rmwlc1, COURT STAFF) (Filed on 11/10/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 BRAD GREENSPAN, 11 Case No. 14-cv-04187-RMW United States District Court Northern District of California Plaintiff, 12 v. ORDER RE COSTS AND EXPENSES 13 IAC/INTERACTIVECORP, et al., 14 Defendants. 15 On September 18, 2015, the court ordered that it would grant relief from judgment if 1) 16 17 plaintiff obtained new class counsel within thirty (30) days and 2) reimbursed defendants for costs 18 and expenses in an amount to be set by the court. Dkt. No. 66. At plaintiff’s request, the court extended the deadline for new counsel to appear until 19 20 November 2, 2015. Dkt. No. 81. New counsel for plaintiff Brad Greenspan and the class entered 21 an appearance on that date. Dkt. No. 82. Defendant Google submitted a declaration from counsel attesting to $28,529.41 in fees and 22 23 $162.50 in costs incurred since entry of judgment. Dkt. No. 68. Defendant IAC/InterActive Corp 24 submitted a declaration attesting to $39,242 in fees and $241.26 in costs. Dkt. No. 69.1 The court 25 26 27 28 1 Plaintiff filed a reply and amended reply to defendants’ declarations, seeking indemnification for defendants’ costs and fees from News Corp. See Dkt. Nos. 70, 74, 75. An indemnification claim is not properly presented in a reply to defendants’ declarations and is outside the scope of this order. 14-cv-04187-RMW ORDER RE COSTS AND EXPENSES FC 1 1 is satisfied that these declarations reasonably reflect the fees and costs incurred by defendants. The 2 court finds that a payment of $20,000 to Google and a payment of $25,000 to IAC are appropriate 3 to mitigate the prejudice to defendants of reopening this case by reimbursing a portion of their 4 costs and expenses. 5 Plaintiff shall pay $20,000 to Google and pay $25,000 to IAC/Interactive Corp. Within 6 five (5) days of payment, plaintiff shall file a declaration attesting that payment has been made. 7 The court will then grant relief from the judgment. 8 9 IT IS SO ORDERED. Dated: November 10, 2015 ______________________________________ Ronald M. Whyte United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14-cv-04187-RMW ORDER RE COSTS AND EXPENSES FC 2

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