Brownmark Films, LLC v. Paramount Pictures Corporation et al

Filing 34

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,
Plaintiff,

v.

Case No. 2:10-cv-01013-JPS

COMEDY PARTNERS, MTV
NETWORKS, PARAMOUNT
PICTURES CORPORATION, SOUTH
PARK DIGITAL STUDIOS LLC,and
VIACOM INTERNATIONAL, INC.,
Defendants.

DECLARATION OF JAMES D. PETERSON IN SUPPORT OF DEFENDANTS' MOTION
TO RECOVER ATTORNEYS' FEES AND COSTS WITH EXHIBIT J

I, James D. Peterson, declare:
1.

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
knowledge.
2.

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

DWT 1763806lvl3970094·000069

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.
3.

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
matter.
4.

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

2
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

3
DWT 17638061vl 3970094-000069

EXHIBIT J

780 NORTH WATER STREET

GODFREY

MILWAUKEE, WI 53201-3590
TEL4l4-273-3500
FAX4l4-27J-5l98

!!fiKAHN,'"

www.gklaw.o;om

ATTORNEYS AT LAW

Viacom, Inc.
November 18, 2008
Re:

Brownmark Films

Invoice No.
Matter No.
Billing Attom.ey~
Brady C.

Invoice Total
15% Fee Discount

Current Invoice Total
Prior Balance

DUE UPON RECEIPT
THIS COPY WITH YOUR REMITTANCE.

PLEASE SEND ALL PAYMENTS TO:
GODFREY & KAHN, BIN#318, MILWAUKEE, WI 53288-03!8
FEDJO: 39-1128206
WIRE INSTRUCTIONS: 13.\Nh: NAMI!! M&l MARS! IALl. & ILSI.EY HAN._ 111\N~ AHA~ #0750001)51 ACCOUNT NAME"; 0001·1U~ &. KAliN S.C.
ACCOLJi'.'1'NO: 11291-714 SWifT CODE: MARLUS4·1 (IF I~TIORNA'TlONt\L WIRE TR;\NSFER}

OHlCES IN Mil. WAUKEE, MADISON, WAtJKf:SilA.G!Uii<N HA\' ANDAf'l't.ETON, WI: WA$1111"GTON.UC;ANDSHANGUAI, PI{C

780 NORTii WATER STREET
MILWAUKEE, WI 53202~3590
TEL[phone]

GODFREY
IHKA.HN,c

FAX4l4-273-5198
www.gklaw.com

ATTORNEYS AT lAW

Viacom, Inc.
November 18,2008
Re:

Invoice No.
Matter No.

Brownmark Films

463940
069192-0002

Billing Attorney:
Brady C. Williamson
For Legal Services Rendered Through October 31, 2008
Date

Timekeeper

Description

Hours

Amount

10-06-2008

James D. Peterson

Review allegedly infringing South
Park clip, demand letter from
Brownmark Films, and response
from Viacom counsel; check status
of copyright registration and
investigate ownership of
Brownmark Films; check dockets
in Eastern and Western Districts;
briefly review injunction
procedures for each court.

4.50

1,687.50

10-06-2008

Brady C.
Williamson

Telephone call from Heather Windt
on new matter; exchange telephone
calls and messages with her and
with Alonzo Wickers, Davis,
Wright firm; review video and
related materials; check procedures.

2.80

1,372.00

10-07-2008

James D. Peterson

Teleconferences with co-counsel
regarding practice expectations in
Wisconsin federal districts and
strategy for response to potential
suit for copyright infringement.

0.60

225.00

10-07-2008

Brady C.
Williamson

Additional research: U.S. District
Court/Eastern District--procedure;
conference on status.

1.40

686.00

GODFREY & KAHN IS A MEMBER OF TERRALE:x®, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

Matter Number: 069192-0002
Invoice No.: 463940

November 18,2008
Page2

Date

Timekeeper

Description

10-15-2008

James D. Peterson

10-16-2008

Brady C.
Williamson

Hours

Amount

Begin review of copyright
infringement cases in Eastern
District of Wisconsin to determine
whether judges have reached
substantive decisions on fair use.

1.50

562.50

Conference on case status.

0.20

98.00

Total Fees
15% Fee Discount

$
$

4,631.00
-694.65

Total Adjusted Fees

$

3,936.35

Total Disbursements

$

0.00

Total For This Invoice

$

3,236.35

GODFREY & KAHN IS A MEMBER OF TERRALEx®, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

Matter Number: 069192-0002
Invoice No.: 463940

November 18, 2008
Page3

Time and Fee Summary
Timekeeper

Title

Hours

Rate

Amount

JAMES D. PETERSON

Shareholder

6.60

375.00

2,475.00

BRADY C. WILLIAMSON

Shareholder

4.40

490.00

2,156.00

Shareholder Total

11.00

4,631.00

TIMEKEEPER TOTALS

11.00

$4,631.00

HISTORY TO DATE (including current invoice):

Fees
Disbursements
Total Billed

Year-to-Date
$
3,936.35
0.00
$
$
3,936.35

Inception-to-Date
$
3,936.35
0.00
$
$
3,936.35

GODFREY & KAHN IS A MEMBER OF TERRALEX®, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

780 NORTII WATER STREET
MILWAUKEE, WI 53201-3590
TEL414·273-3500
FAX414-273·5198
www.gklaw..;:om

GODFREY
!HKAHN,"
ATTORNEYS AT LAW

Viacom, Inc.

May26, 2011
Invoice No.
Matter No.

Re:

Brownmark Films

Invoice Total
Less 15% Discount

$

5.995.51

IS DUE 30 DAYS FROM DATE OF INVOICE
·Lei"'"" RETURN THIS COPY WITH YOUR REMITTANCE.

PLEASE SEND ALL PAYMENTS TO:

GODFREY & KAHN, BIN#318,MILWAUKEE, WI 53288-0318
FED ID: 39·1128206
WIREINSTRu::TIONS: BANK NAME: M&IMARSHA.U.& ILSLEY BANK BAMI: ABA: #075000051 ACCOUNT NAME: GODFREY & :KAI-N S.C.
ACCOUNT NO: #291-714 SWIFT CODE: MARLUS 44 (IF INTERNATIONAL WIRE TRANSFER)
OFFICES IN MILWAUKEE, MADISON, WAUKESHA, GREEN BAY, APR.ETON WI; AND WASHINGTON, DC

780 NORTii WATER STREET
MILWAUKEE, Wl53202~3590

GODFREY
!HKAHN,c

TEL[phone]

FAX 414·273-5198
www.gklaw.com

ATTORNEYS AT LAW

Viacom, Inc.
May26, 2011
Invoice No.
Matter No.

533421
069192-0002

Billing Attorney:
James D. Peterson
Re:

Brownmark Films

For Legal Services Rendered Through Apri130, 2011

Date

Timekeeper

Description

01-20-2011

Karen Paape

01-25-2011

Hours

Amount

Finalize and file stipulation and
proposed order.

1.10

209.00

Karen Paape

Update file with new pleadings.

0.10

19.00

01-25-2011

James D. Peterson

Communication with co-counsel
regarding court order on motion for
extension.

0.30

135.00

01-31-2011

Karen Paape

Update file with new pleadings and
docket response dates.

0.70

133.00

02-20-2011

James D. Peterson

Review and suggest revisions to
motion to dismiss and supporting
brief.

1.60

720.00

02-22-2011

Karen Paape

Prepare for and file motion to
dismiss with accompanying
documents.

2.50

475.00

02-22-2011

Bruce Knapp

Review and respond to email
correspondence from Ms. Paape
regarding filing of exhibits to
declaration ofMr. Glasser.

0.20

38.00

02-22-2011

Jennifer Gregor

Review draft motion to dismiss and
supporting papers and revise to
finalize for filing.

1.20

414.00

GODFREY & KAHN IS A MEMBER OF TERRALEx®, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

Matter Number: 069192-0002
Invoice No.: 533421

May 26,2011
Page2

Date

Timekeeper

Description

02-22-2011

James D. Peterson

02-23-2011

Hours

Amount

Review and revise motion to
dismiss and supporting documents;
attend to filing of motion to dismiss
and corporate disclosure statement.

3.90

1,755.00

Karen Paape

Update file with new pleadings;
finalize and file notice of filing of
physical exhibits; docket deadlines.

1.20

228.00

02-23-2011

Bruce Knapp

Travel to and from court to file
exhibits to declaration of Mr.
Glasser.

0.50

95.00

02-23-2011

Bruce Knapp

Correspond with Ms. Paape
regarding filing of exhibits to
declaration of Mr. Glasser.

0.20

38.00

02-23-2011

Jennifer Gregor

Review motion to dismiss filing
and prepare notice of filing video
exhibits.

0.30

103.50

02-23-201 I

James D. Peterson

Conference with Ms. Gregor
regarding confirmation of delivery
ofDVDs to court and notice of
filing.

0.20

90.00

02-24-2011

Karen Paape

Update file with new pleadings.

0.10

19.00

03-15-2011

Karen Paape

Update file with new pleadings;
correspondence to opposing
counsel regarding motion to
dismiss exhibits.

1.10

209.00

03-15-2011

Jennifer Gregor

Email communications with
opposing counsel and co-counsel
regarding service of video exhibits
and Rule 26(f) meet and confer
requirement.

0.50

172.50

03-15-2011

James D. Peterson

Communications with opposing
counsel regarding service of
exhibits.

0.30

135.00

03-16-2011

Karen Paape

Update file with new pleadings.

0.20

38.00

GODFREY & KAHN IS A MEMBER OF TERRALEX® , A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

Matter Number: 069192-0002
Invoice No.: 533421

May 26,2011
Page3

Date

Timekeeper

Description

03-16-2011

Jennifer Gregor

03-17-2011

Hours

Amount

Call Judge Stadtmueller's chambers
regarding potential Rule 26(f)
conference during pending motion
to dismiss; emails with co-counsel
and opposing counsel regarding
same.

0.50

172.50

James D. Peterson

Email communications with
opposing counsel regarding case
scheduling.

0.20

90.00

03-29-2011

Jennifer Gregor

Review draft reply brief in support
of motion to dismiss and edits to
formatting and tables of contents
and authorities to prepare for filing.

1.00

345.00

03-29-2011

James D. Peterson

Review draft reply in support of
motion to dismiss complaint; send
comments to Mr. Glasser.

1.80

810.00

03-30-2011

Karen Paape

Docket deadlines.

0.10

19.00

03-30-2011

Jennifer Gregor

Finalize and file reply brief in
support of motion to dismiss.

0.50

172.50

03-31-2011

Karen Paape

Update file with new pleadings.

0.10

19.00

04-01-2011

Jennifer Gregor

Brief review oflocal rules
regarding attorney admissions;
prepare and collect admission
forms and draft email to Messrs.
Wickers and Glasser regarding
admission to Eastern District of
Wisconsin.

0.50

172.50

04-08-2011

Jennifer Gregor

Review Best v. Berard and
teleconference with Mr. Glasser
regarding filing supplemental
authority.

0.40

138.00

Total Fees
Less 15% Discount

$
$

6,964.50
-1 044.68

Total Adjusted Fees

$

5,919.82

GODFREY & KAHN IS A MEMBER OF TERRALEx® , A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

Matter Number: 069192-0002
Invoice No.: 533421

May 26,2011
Page4

Disbursements:
Code

06

Bill Value

Description

Fed. Express/Express Mail
Total Disbursements

$

75.69
75.69

Total For This Invoice

$

5.995.51

GODFREY & KAHN IS A MEMBER OF TERRALEx®, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

Matter Number: 069192-0002
Invoice No.: 533421

May26, 2011
Page 5

Time and Fee Summary
Timekeeper

Hours

Rate

Amount

KAREN PAAPE

7.20

190.00

1,368.00

BRUCE KNAPP

0.90

190.00

171.00

JENNJFER GREGOR

4.90

345.00

1,690.50

JAMES D. PETERSON

8.30

450.00

3,735.00

TIMEKEEPER TOTALS

21.30

$6,964.50

We acijust our hourly billing rates effective January 1 of each year. Accordingly, billing rate changes are reflected
on this statement for work performed in 2011. Information regarding the hourly rates applicable to our attorneys

and other personnel working on your matters is available on request from our billing department.

GODFREY & KAHN IS A MEMBER OF TERRALE:x@, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS

CERTIFICATE OF SERVICE
I hereby certify that on July 20,2011, I caused the foregoing document to be electronically filed
with the Clerk of the Court using the ECF system which will make this document available to all
counsel of record for viewing and downloading from the ECF system.

Dated: July 20, 2011.

Is/ Alonzo Wickers IV
Alonzo Wickers IV