Brownmark Films, LLC v. Paramount Pictures Corporation et al
MOTION for Attorney Fees and Costs by All Defendants. (Attachments: # 1 Memorandum of Law, # 2 Wickers Dec with Exhibits A-I, # 3 Peterson Dec with Exhibit J, # 4 Appendix, # 5 Proposed Order)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
BROWNMARK FILMS, LLC,
Case No. 2:10-cv-01013-JPS
COMEDY PARTNERS, MTV
PICTURES CORPORATION, SOUTH
PARK DIGITAL STUDIOS LLC,and
VIACOM INTERNATIONAL, INC.,
DECLARATION OF JAMES D. PETERSON IN SUPPORT OF DEFENDANTS' MOTION
TO RECOVER ATTORNEYS' FEES AND COSTS WITH EXHIBIT J
I, James D. Peterson, declare:
I am an attorney licensed to practice law before the courts of the State of
Wisconsin and before the Eastern District of Wisconsin. I am a shareholder in the law firm of
Godfrey & Kahn S.C., which previously participated in the representation of defendants Comedy
Partners, MTV Networks, Paramount Home Entertainment Inc., South Park Digital Studios LLC,
and Viacom International Inc. (collectively "the South Park Defendants") in this lawsuit. Unless
expressly stated on information and belief, the matters stated below are true of my own personal
The Godfrey & Kahn attorneys who participated in the representation of the South
Park Defendants in this matter- primarily Jennifer Gregor and me- both practice primarily in
intellectual property litigation. Ms. Gregor has handled patent, trademark, advertising, unfair
competition, trade secret, and copyright cases since she graduated from DePaul University
School of Law in 2005. I have practiced intellectual property law in Wisconsin since 1998, and I
teach from time to time as an adjunct professor at the Univesity of Wisconsin Law School.
Based on my experience in this field, my review of legal bills from other law
firms that practice intellectual property law, my review of the bills attached to fee motions filed
by those firms in other cases, and my participation as a member of intellectual property bar
associations, I believe that the discounted hourly rates that the South Park Defendants were
billed for our services. Those rates in 2008 (when the plaintiffs sent an initial demand letter and
threatened suit) were $416.50 for my partner, Brady Williamson, and $318.75 for my time. In
2010 and 2011 (when this litigation was pending) the rates were $292.25 for Mr. Gregor's time
and $382.50 for my time. These rates are easily within the range of rates charged by other
lawyers with similar expertise and experience in this market. True and correct copies of the bills
submitted by Godfrey & Kahn to the South Park Defendants for this case are attached as Exhibit
J. The bills have been redacted to eliminate tasks for which the South Park Defendants do not
seek reimbursement. In a very few instances, certain task descriptions have been redacted to
protect information that is subject to the attorney-client privilege and/or the work-product
doctrine. The billing statements identify each task for which the South Park Defendants seek
reimbursement, the attorney or paralegal who performed the task and his or her billing rate, and
the amount of time expended on each task. These billing statements either have been paid by
MTV Networks or represent outstanding obligations of MTV Networks. In total, Mr.
Williamson spent 4.4 hours on this matter, Ms. Gregor spent 4.9 hours, and I spent 14.9 hours.
Godfrey & Kahn paralegals Karen Paape and Bruce Napp together spent 8.1 hours on this
As reflected in the billing statements, the total legal fees and costs incurred by the
South Park Defendants to date from work perforrried by Godfrey & Kahn is $9,856.17. I am
informed and believe that the South Park Defendants also incurred $36,919.06 for legal work
DWT 17638061 vI 3970094·000069
performed by Davis Wright Tremaine LLP. The total legal fees incurred by the South Park
Defendants to date are $46,77 5.23.
This declaration was executed on July 20, 20 II, in Madison, Wisconsin. I declare under
penalty of peljury under the laws of the United States of America and the State of Wisconsin that
the foregoing is true and correct.
JameS D. Peterson
DWT 17638061vl 3970094-000069
780 NORTH WATER STREET
MILWAUKEE, WI 53201-3590
ATTORNEYS AT LAW
November 18, 2008
15% Fee Discount
Current Invoice Total
DUE UPON RECEIPT
THIS COPY WITH YOUR REMITTANCE.
PLEASE SEND ALL PAYMENTS TO:
GODFREY & KAHN, BIN#318, MILWAUKEE, WI 53288-03!8
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