J & J Sports Productions, Inc. v. Enciso-Chavez et al

Filing 25

ORDER: Plaintiff's Motion for Attorney Fees, 22 is granted. Defendants are ordered to pay Plaintiff attorney fees in the amount of $5,450 and costs in the amount of $1,096.68. Signed on 12/12/2018 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,

Civ. No. 6:17-cv-01430-MC

v.
ORDER
SOTERO ENCISO-CHAVEZ, et al.,
Defendants.
_____________________________
MCSHANE, Judge:
Following entry of Default Judgment in its favor, Plaintiff moves for an award of
attorney fees and costs. See Pl.’s Mot., ECF No. 22. Attorney fees and costs are afforded to the
prevailing party of an action brought under 47 U.S.C. § 605. § 605(e)(3)(B)(iii) (allowing a
prevailing party to recover “full costs, including . . . reasonable attorneys’ fees”). Plaintiff seeks
$5,450 in attorney fees, Pl.’s Mot. 4, and $1,096.68 in costs, id. at 4–5. Defendants do not
oppose Plaintiff’s Motion, and the time to file such objections has passed.
Plaintiff requests $5,450 in attorney fees, consisting of 4.9 hours of attorney time at an
hourly rate of $350 for attorney Bruce H. Orr’s work and 24.9 hours of paralegal time at an
1 –ORDER

hourly rate of $150 for paralegal Antony Nickles’s work. Pl.’s Mot. 2. In support of its fee
request, Plaintiff submits Mr. Orr's declaration, which contains a chart depicting the services
rendered and hours billed as well as a detailed explanation for the hourly rates charged. See Orr
Decl., ECF No. 23. This Court finds that the attorney fee request is reasonable. See Gonzalez,
2018 WL 1515097, at *3 (finding a request in a similar case for 8.2 hours of attorney time at a
rate of $350 per hour and 20.5 hours of paralegal time at a rate of $150 per hour reasonable).
Plaintiff also requests costs in the amount of $1,096.68, consisting of a $400 filing fee,
$130 for service of process costs, $31.68 for record search services, and $535 for investigator
fees. Pl.’s Bill of Costs 1, ECF No. 24. Although courts are split on whether investigative fees
are recoverable, this Court has ruled that “Congress intended ‘full costs’ to include investigative
costs.” J & J Sports Productions, Inc. v. Gonzalez, No. 1:17-CV-00678-CL, 2018 WL 1515097,
at *3 (D. Or. Feb. 14, 2018) (quoting Kingvision Pay-Per-View Ltd. v. Autar, 426 F.Supp.2d 59,
67 (E.D.N.Y. 2006)), adopted by No. 1:17-CV-00678-CL, 2018 WL 1512998 (D. Or. Mar. 27,
2018). Accordingly, Plaintiff is entitled to costs in the amount of $1,096.68.
Plaintiff’s Motion for Attorney Fees, ECF No. 22, is GRANTED. Defendants are ordered
to pay Plaintiff attorney fees in the amount of $5,450 and costs in the amount of $1,096.68.
IT IS SO ORDERED.

DATED this 12th day of December, 2018.

_s/Michael J. McShane_________________
Michael J. McShane
United States District Judge

2 –ORDER