Clark v. The Walt Disney Company et al

Filing 74

REPLY to Response to Motion re 68 Supplemental MOTION for Attorney Fees Pursuant To 35 U.S.C.§285 And 28 U.S.C§§1927 And 1961, 63 MOTION for Sanctions PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 11 filed by Defendant Jakks Pacific, Inc.. (Attachments: # 1 Affidavit Declaration of Grant Kinsel In Support of Reply) (Kinsel, Grant)

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

AARON CLARK and JOHN PEIRANO, Plaintiffs v. THE WALT DISNEY COMPANY, et al Defendants. Hon. John D. Holschuh Case No. 08 cv 0982

Declaration of Grant Kinsel in Support of JAKKS Pacific, Inc.'s Reply Brief in Support of Motion for Attorneys' Fees (Dkt ## 63 and 68)

-0KINSEL DECLARATION 72341-0001/LEGAL17422150.1 72341-0001/LEGAL17473657.1

I, Grant Kinsel declare, 1. I make this declaration on the basis of personal knowledge and if called to testify

as a witness, I would and could testify competently hereto. 2. On December 23, 2009, I went to http://dickerson-law.com and printed the web True and correct copies of those

biographies of Brian Dickerson and Sharlene Chance. biographies are attached hereto as pages 3-7. 3.

On December 14, 2009, I printed the "Superlawyer" biographies for Mr.

Dickerson and Ms. Chance. True and correct copies of those biographies are attached here to as pages 7-10. 4. On or about December 10, 2009, I conducted a search of the "All Feds" database

on Westlaw.com. I used the search term "Crag w/s Nard." The search returned four cases, none of which relied on Nard's opinion as an expert. 5. Within days after filing JAKKS' reply brief in support of the Bill of Costs, I

received a voice mail from Mr. Dickerson in which he requested information as to the party to whom a check covering the requested costs should be written. I was unable to return Mr. Dickerson's call, but on December 16, 2009, I received from Ms. Chance, a letter enclosing the full amount requested in the Bill of Costs. 6. On or about December 1, 2009, I received a copy of Plaintiffs' objections to

JAKKS' Bill of Costs. In my view, the objections were utterly frivolous. Nevertheless, between December 1 and December 3, 2009, I prepared a reply brief in support of JAKKS' Bill of Costs. 7. Between November 4, 2009 and December 15, 2008, JAKKS incurred attorney's

fees charges in the amount of $23,353.50. On December 22, 2009, I printed from my firm's accounting system a "Time Entry Details" report for the period November 4, 2009 through -1KINSEL DECLARATION 72341-0001/LEGAL17473657.1

December 15, 2009. A true and correct copy of that report is attached at pages 12-13. 8. On December 10, 2009, I sent counsel for Plaintiffs' an email requesting that

Nard be made available for deposition. On December 11, 2009, I received a letter from counsel for Plaintiffs refusing to make Nard available and raising a number of frivolous objections. I declare under the penalty of perjury under the United States of America that the foregoing is true and correct. Executed December 23, 2009, at Los Angeles, California.

/s/ Grant Kinsel

-2KINSEL DECLARATION 72341-0001/LEGAL17473657.1

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CERTIFICATE OF SERVICE I hereby certify that on December 23, 2009, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system upon counsels of record.

/s/ Grant E. Kinsel Grant E. Kinsel (172407) Attorney for Defendants Perkins Coie LLP 1888 Century Park East, Suite 1700 Los Angeles, CA 90067 [phone] [phone] [e-mail]

- 16 REPLY BRIEF IN SUPPORT OF MOTION FOR ATTORNEY FEES 72341-0001/LEGAL17422150.1