Vanginderen v. Cornell University

Filing 38

MOTION for Attorney Fees by Cornell University. (Attachments: # 1 Memo of Points and Authorities in Support of Cornell's Motion for Attorneys' Fees)(Davidson, Clifford) (vet).

Vanginderen v. Cornell University

Doc. 38

1 NELSON E. ROTH, SBN 67350 2 CORNELL UNIVERSITY 3 Garden Avenue 4 Telephone: 5 6 7 8 9 10 12 13 14 16 17 19 20 21 22 23 24 25 26 27 28
v. 300 CCC Building Ithaca, New York 14853-2601 [phone] Facsimile: [phone] [e-mail]

BERT H. DEIXLER, SBN 70614 [e-mail] CLIFFORD S. DAVIDSON, SBN 246119 [e-mail] PROSKAUER ROSE LLP 2049 Century Park East, 32nd Floor Los Angeles, CA 90067-3206 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant,

11 CORNELL UNIVERSITY
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-CV-2045 BTM(JMA) CORNELL'S NOTICE OF MOTION AND MOTION FOR ATTORNEYS' FEES [Per chambers, no oral argument unless requested by the Court] [Memorandum of Points and Authorities, Declarations of Bert H. Deixler and Clifford S. Davidson, and [Proposed] Order filed concurrently herewith] Hearing Date: August 22, 2008 Time: 11:00 a.m. Place: Courtroom 15 Action Filed: October 1, 2007

15 KEVIN VANGINDEREN,
Plaintiff,

18 CORNELL UNIVERSITY,
Defendant.

Dockets.Justia.com

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TO PLAINTIFF AND HIS ATTORNEYS OF RECORD, IF ANY: PLEASE TAKE NOTICE that on August 22, 2008, at 11:00 a.m., or as soon thereafter as

3 the matter may be heard by the Honorable Judge Barry T. Moskowitz, in the United States District 4 Court for the Southern District of California, Courtroom 15, located at 940 Front Street, San 5 Diego, California 92101, defendant Cornell University ("Cornell") will and hereby does move for 6 an order awarding to Cornell its reasonable attorneys' fees in the above-captioned matter. 7
This Motion is made pursuant to Rule 54 of the Federal Rules of Civil Procedure;

8 California Code of Civil Procedure § 425.16(c) (granting to prevailing anti-SLAPP defendants 9 their attorneys' fees and costs); and the Court's June 3, 2008 Order Granting Special Motion to 10 Strike, in which the Court noted: 11 12 13 Order at 9, 10. 14
As the prevailing party on the motion to strike, Cornell is entitled to reasonable attorney's fees and costs . . . . The amount of the attorney's fees shall be determined upon motion by Cornell . . . . Any motion for attorney's fees must be brought within 30 days of this order.

As documented in the concurrently filed Declarations of Bert H. Deixler and Clifford S.

15 Davidson, the time spent by Cornell's counsel related to bringing and winning Cornell's Special 16 Motion to Strike, as well as preparing and drafting Cornell's Bill of Costs and Motion for 17 Attorneys' Fees, supports an award to Cornell of $65,561.25. The $350 per hour rate Proskauer 18 has billed to Cornell in this matter is significantly less than the hourly rate charged by other law 19 firms of similar caliber located in San Diego. 20 21 22 23 24 25 26 27 28
8085/21177-001 Current/11473427v1

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07-cv-2045 BTM(JMA)

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This Motion is based upon this Motion, the Memorandum of Points and Authorities, the

2 Declaration of Bert H. Deixler, the Declaration of Clifford S. Davidson, the records and files in 3 this action, and such other oral or documentary evidence and memoranda as may be presented at 4 or before any hearing on the Motion. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
07-cv-2045 BTM(JMA) /s/ -- Clifford S. Davidson Clifford S. Davidson Attorneys for Defendant, CORNELL UNIVERSITY DATED: July 2, 2008 NELSON E. ROTH CORNELL UNIVERSITY BERT H. DEIXLER CLIFFORD S. DAVIDSON PROSKAUER ROSE LLP