Tile, Inc. v. CellnTell Distribution Inc. et al

Filing 44

ORDER: It is hereby ORDERED that Defendant Reliance Distribution Inc. shall pay Plaintiff the amount of $13,268.50 in attorney's fees on or before December 3, 2021; and upon making such payment, shall file an affidavit with the Court attest ing that it has done so. Upon the filing of said affidavit, the Court will vacate the default judgment entered against Defendant Reliance; and within fourteen (14) days of that vacation, Defendant Reliance shall file its response to Plaintiff's complaint. Signed by Senior Judge Frederick J. Scullin, Jr on 11/19/2021. (pjh, )

U.S. DISTRICT COURT – N.D. OF N.Y.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
TILE, INC.,
Plaintiff,

FILED
Nov 19 - 2021
John M. Domurad, Clerk

v.

1:20-CV-428
(FJS/DJS)

CELLNTELL DISTRIBUTION INC. and
RELIANCE DISTRIBUTION INC.,
Defendants.
_____________________________________________
APPEARANCES

OF COUNSEL

K & L GATES LLP
State Street Financial Center
One Lincoln Street
Boston, Massachusetts 02111
Attorneys for Plaintiff

MORGAN T. NICKERSON, ESQ.
NICOLE M. KOZIN, ESQ.

CRISCIONE RAVALA, LLP
90 Park Avenue, Suite 1700
New York, New York 10016
Attorneys for Defendants

GALEN J. CRISCIONE, ESQ.

SCULLIN, Senior Judge
ORDER
In a Memorandum-Decision and Order dated June 30, 2021, the Court, among other
things, granted Defendant Reliance Distribution Inc.'s ("Defendant Reliance") motion to vacate
the default judgment against it conditioned on Defendant Reliance's payment of the reasonable
attorney's fees that Plaintiff incurred in filing its motion for a default judgment. See Dkt. No. 31
at 20. Relatedly, the Court instructed Plaintiff's counsel to file and serve an affidavit with
supporting documentation showing the hours expended and tasks performed related to the filing
of Plaintiff's motion for a default judgment on or before July 14, 2021. See id. The Court also

provided Defendant Reliance with an opportunity to respond to Plaintiff's counsel's submissions
on or before July 28, 2021. See id.
Plaintiff's counsel filed the required documentation. See Dkt. No. 32. Defendant
Reliance did not file any response to that documentation.
According to Plaintiff's counsel's affidavit, Plaintiff incurred $13,268.50 in attorney's fees
related to the filing of its motion for a default judgment. See Dkt. No. 32, Affidavit of Morgan
T. Nickerson, at ¶ 7. Furthermore, Plaintiff's counsel identified the three attorneys who
expended hours related to the filing of such motion and set forth their experience and hourly
rates as follows:
Morgan T. Nickerson, a partner with 15 years of experience
specializing in intellectual property litigation, expended 15.50
hours on the motion at an hourly rate of $705.00;
Nicole M. Kozin, an associate, who received her J.D. in 2004,
expended 2.2 hours on the motion at an hourly rate of $555.00; and
Jack S. Brodsky, an associate, who received his J.D. in 2016,
expended 2.0 hours on the motion at an hourly rate of $560.00
See id. at ¶¶ 9-11 & Exhibit "A" attached thereto.
Having reviewed the documentation that Plaintiff's counsel submitted, the Court finds
that the hours expended and the hourly rates for the work that the attorneys performed are
reasonable; and, therefore, the Court hereby
ORDERS that Defendant Reliance Distribution Inc. shall pay Plaintiff the amount of
$13,268.50 in attorney's fees on or before December 3, 2021; and upon making such payment,
shall file an affidavit with the Court attesting that it has done so. Upon the filing of said
affidavit, the Court will vacate the default judgment entered against Defendant Reliance; and,

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within fourteen (14) days of that vacation, Defendant Reliance shall file its response to
Plaintiff's complaint.
IT IS SO ORDERED.
Dated: November 19, 2021
Syracuse, New York

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