Gordon v. Virtumundo Inc et al

Filing 127

MOTION for Attorney Fees and Costs by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn. (Attachments: # 1 Proposed Order # 2 Certificate of Service)Noting Date 7/6/2007.(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 127 Att. 1

Case 2:06-cv-00204-JCC

Document 127-2

Filed 06/19/2007

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[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. CV06-0204JCC - 1

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES S. GORDON, Jr., a married individual, d/b/a `GORDONWORKS.COM'; OMNI INNOVATIONS, LLC., a Washington limited liability company, Plaintiffs, v. VIRTUMUNDO, INC, a Delaware corporation d/b/a ADNOWLEDGEMAIL.COM; ADKNOWLEDGE, INC., a Delaware corporation, d/b/a ADKNOWLEDGEMAIL.COM; SCOTT LYNN, an individual; and JOHN DOES, 1-X, Defendants. NO. CV06-0204JCC [PROPOSED]ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND COSTS

THIS MATTER comes before the Court on the Motion for Attorneys' Fees and Costs of Defendants Virtumundo, Inc., Adknowledge, Inc., and Scott Lynn (collectively "Defendants"). Having reviewed Defendants' Motion for Attorneys' Fees and Costs, Plaintiffs' Response, and Defendants' Reply, and finding that oral argument is

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 127-2

Filed 06/19/2007

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unnecessary, the Court GRANTS the motion. Defendants were the prevailing party in this litigation for the purposes of 15 U.S.C. § 7706(g)(4) and Wash. Rev. Code 19.190.090(3) and are therefore entitled to recover reasonable attorneys' fees and costs. Hourly rates of $350 per hour for senior attorneys, $200 per hour for junior attorneys, and $125 per hour for document analysis attorneys as well as the actual number of hours Defendants' counsel spent on this matter are reasonable in this case considering: 1. 2. 3. 4. The Experience, skill, and reputation of Defendants' counsel, Newman & Newman, Attorneys at Law, LLP. The complex and highly technical nature of the lawsuit. The substantial liability posed to Defendants by the lawsuit. Defendants' counsel's substantial success in defending the lawsuit.

Additionally, considering the novelty and difficulty of the legal questions involved in the case, the technical knowledge required to perform the legal service properly, the extraordinary threat posed to the Defendants, and their total success in defending the lawsuit, it is appropriate to adjust the award of attorneys' fees upward by 20%. Finally, Defendants' costs of $26,338.02 in defending this lawsuit are reasonable. Defendants' expert witness costs of $5,875 are also reasonable, especially when considering the exceptionally technical nature of this lawsuit and the extent to which Defendants relied on the experts' testimony. Therefore, Defendants' Motion for Attorneys' Fees and Costs is GRANTED. The Court ORDERS that Defendants shall be awarded reasonable attorneys' fees

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[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. CV06-0204JCC - 2

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Case 2:06-cv-00204-JCC

Document 127-2

Filed 06/19/2007

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in the amount of $509,821.50 and costs in the amount of $32,213.01.

It is HEREBY ORDERED.

DATED this ____ day of ____ 2007.

_____________________________________ UNITED STATES DISTRICT JUDGE

Presented by: NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

By:

________________________________ Derek A. Newman, WSBA #26967 Roger M. Townsend, WSBA #25525 505 Fifth Ave South, Suite 610 Seattle, WA 98104 Phone [phone] FAX [phone] Attorneys for Defendants Virtumundo, Inc.; Adknowledge, Inc.; and, Scott Lynn

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. CV06-0204JCC - 3

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]