CBT Nuggets, Inc. v. PC Tech 101 et al

Filing 38

ORDER: Awarding fees to plaintiff in the amount of $6,895.50 and costs in the amount of $632.13. See formal order. Signed on 3/19/2014 by Chief Judge Ann L. Aiken. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

Case No. 6:07-6229-TC

CBT NUGGETS, INC.
Plaintiff,

ORDER

v.

PC TECH 101, et al.,
Defendants.
AIKEN, Chief Judge:
On November 12, 2013, the court granted plaintiff's motion for
default

judgment

infringement.

and

awarded

statutory

damages

for

copyright

The court also instructed plaintiff to

submit an

affidavit in support of attorney fees. Plaintiff did so and seeks
fees

in

the

amount

of

$14,661.80

and

costs

in

the

amount

of

$730.21.
The court may allow recovery of costs and attorney fees to the
prevailing party in an action for copyright infringement. 17 U.S.C.

1

- ORDER

§

505. As the party seeking fees,

plaintiff bears the burden of

showing that the fees sought are reasonable. Gates v. Deukmajian,
987 F.2d 1392, 1397 (9th Cir. 1992).

Thus, plaintiff must document

the hours spent by counsel and provide evidence supporting those
hours. Gates,

987 F.2d at 1397.

Consistent with the order on default judgment,
award

attorney

fees

prior

to

plaintiff's

notice

I decline to
of

voluntary

dismissal and limit fees to those expended after reopening of the
case.

Further, while I generally find the fees sought and hourly

rates reasonable, redactions in the fee affidavit make it difficult
for the court to ascertain the reasonableness of certain entries.
For

example,

----------

two

entries

state,

"Consult

" and "Call from Jim Tatum as to

area blacked out.

Litchfield Aff.

Ex.

with

---------

A at 3,

J.

Tatum

re

" with the blank

4.

Such fees

are

disallowed. With respect to costs, I award costs incurred after the
reopening of the case and I also allow the original filing fee.
Accordingly,

I

award

fees

to

plaintiff

$6,895.50 and costs in the amount of $632.13.
IT IS SO ORDERED.
Dated this

~y

of March, 2014.

~f21uu

Ann Aiken
United States District Judge

2

- ORDER

in

the

amount

of