MiTile Ltd. v. Hasbro, Inc.

Filing 61

MEMORANDUM OPINION AND ORDER re: It is reasonable and customary for both associates and partners to work on the same motion and their time expended isnot duplicative, but appropriate. Therefore, the Court finds that defendant Hasbro, Inc., must pay plaintiff the total sum of $23,442.50, within 10 days. fees associated with motion to compel. Signed by Magistrate Judge Theresa Carroll Buchanan on 10/3/13. (gwalk, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

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MITILE, LTD.
Plaintiff,
v.
HASBRO, INC.
Defendant.

Civ. No. 1:13cv451

MEMORANDUM OPINION AND ORDER
THIS MATTER originally came before the Court on plaintiff’s
Motion to Compel Documents Relating to Defendant’s Sales (Dkt.
31), which the Court granted.

Federal Rule of Civil Procedure

37(a)(5)(A) provides that the Court must order the party whose
conduct necessitated the motion to pay the movant’s reasonable
expenses, including attorney’s fees.

The Court, in considering

the motion, found that the defendant’s failure to provide
discovery necessitated the plaintiff’s motion and the
defendant’s nondisclosure was not substantially justified.
Plaintiff’s Statement of Fees in Association
with Plaintiff’s First Motion to Compel requested total fees of
$28,345.00.

(Dkt. 53.)

The Court finds, however, that a

portion of the attorney’s time claimed was for matters other
than “expenses incurred in making the motion, including
attorney’s fees” as provided in the foregoing rule.

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Thus, the

Court finds that, of the itemized hours, Mr. Rabena reasonably
spent 17.5 hours in connection with making the motion, while Mr.
Iyer spent 15.5 hours, and Ms.

Kokabi spent 13.7 hours.

Mr.

Rabena has been practicing law for 19 years, and his hourly
billing rate is $650.

Mr. Iyer has been practicing law for 13

years, and his hourly billing rate is $425.

Ms. Kokabi has been

practicing law for 8 years, and her hourly billing rate is $400.
The Court has also reviewed the twelve factors to be
considered when determining the reasonable billing rate and
hours.

See Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235,

243-44 (4th Cir. 2009).

Of the twelve factors, the Court finds

that factors (2) novelty and difficulty of the questions raised,
(4) opportunity costs, (6) attorney’s expectations, (7) time
limitations, (8) amount in controversy, (10) undesirability, and
(11) nature and length of attorney-client relationship are not
significant factors.
As to the reasonableness of counsel’s rates, the Court
considered the Memorandum Opinion and Order issued in Vienna
Metro LLC v. Pulte Home Corp., Case No. 1:10-cv-502, in which
the Court accepted the opinion offered by Mr. Craig Reilly in
establishing the prevailing market rates offered in Northern
Virginia.

Although that case involved real estate related

claims, the firms surveyed included those engaging in patent law
litigation as well as a variety of other cases.
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Applying the

rates established in that case for 2011 with a 5% discount to
the experience and ability of plaintiff’s counsel in this case,
the Court finds that the rates charged in this case are below
the prevailing rates for attorneys with their experience and
ability and, thus, finds that they are reasonable.
The skill required (factor 3) in a patent case further
justifies the fees charged, as do the experience, reputation,
and abilities of the attorneys (factor 9).
As to factors 1, 5, and 12, the Court finds that the time
and labor expended, as adjusted by the Court, are reasonable and
necessary (factor 1), the fees are customary for like work
(factor 5), and the attorney’s fees award in connection with
this motion are similar to those in other cases which the Court
has considered in the past (factor 12).

Thus, the Court finds

the total attorneys’ fees below to have been reasonably incurred
in making this motion and should be awarded:
Attorney

Hours Expended

Rate

Total

Mr. Rabena

17.5

$650

$11,375.00

Mr. Iyer

15.5

$425

$6,587.50

Ms. Kokabi

13.7

$400

$5,480.00

Total Fees

$23,442.50

It is reasonable and customary for both associates and
partners to work on the same motion and their time expended is
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not duplicative, but appropriate.
Therefore, the Court finds that defendant Hasbro, Inc.,
must pay plaintiff the total sum of $23,442.50, within 10 days.
It is so ordered.
ENTERED this 3rd day of October, 2013.

/s/
THERESA CARROLL BUCHANAN
UNITED STATES MAGISTRATE JUDGE
Alexandria, Virginia

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