JEFFREY T. MILLER, District Judge.
Plaintiff G&G Closed Circuit Events, LLC moves for attorneys' fees and costs following entry of default judgment against Defendants Melquis Umana Aguilar, a/k/a Melquis O. Umana-Aguilar, individually and d/b/a Wings Empire and Ribsan Foods, Inc., an unknown business entity d/b/a Wings Empire. (Doc. No. 14.) Having carefully considered the motion and court record, the court grants Plaintiff's motion in part.
Plaintiff contracted for the exclusive, nationwide commercial distribution rights to
On March 2, 2018, Plaintiff filed its complaint in this action, alleging (1) violation of 47 U.S.C. § 605, (2) violation of 47 U.S.C. § 553, (3) conversion, and (4) violation of California Business and Professions Code § 17200, et seq. Plaintiff served Defendants with the complaint and summons on March 21, 2018, and April 4, 2018. (
47 U.S.C. § 605(e)(3)(B)(iii) provides that the court "shall direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails." To determine reasonable attorneys' fees, this court must use the lodestar method.
As the prevailing party, Plaintiff requests an award for reasonable fees and costs pursuant to 47 U.S.C. § 605.
Counsel requests a fee award of $3,796 for work performed by counsel (Thomas R. Riley), an unnamed research attorney, and an administrative assistant.
Counsel represents that Mr. Riley billed 3.41 hours, the administrative assistant billed 8.91 hours, and the research attorney billed 4 hours. The court reduces these hours in light of the boilerplate filings in this case and for the reasons discussed below.
The fee applicant bears the burden of demonstrating that the number of hours spent were "reasonably expended" and that counsel made "a good faith effort to exclude from [the] fee request hours that are excessive, redundant, or otherwise unnecessary."
The court finds 3.01 hours billed by Mr. Riley were reasonable. The time Mr. Riley spent reviewing communications to and from the court is reduced by 0.4 hours. All 4 hours billed by the research attorney are reasonable. The court finds 0.67 hours billed by the administrative assistant were reasonable. The court excludes 1.35 hours from the administrative assistant's time for duplicative tasks performed by Mr. Riley and the administrative assistant. For example, on June 26, 2017, both Mr. Riley and the administrative assistant spent 0.25 hours on "Initial File Review." (Doc. No. 14-2, Exh. 1 at 6.) The administrative assistant's time is reduced by 6.89 hours for time spent on clerical tasks, such as filing and service of documents.
Mr. Riley bills at an hourly rate of $500, an unnamed research attorney bills at an hourly rate of $300, and the administrative assistant bills at an hourly rate of $100.
"In determining a reasonable hourly rate, the district court should be guided by the rate prevailing in the community for similar work performed by attorneys of comparable skill, experience, and reputation."
Counsel does not reference the rates of any other attorneys performing similar work in this district or elsewhere. Courts have calculated a reasonable hourly rate for Mr. Riley between $350 and $500.
In sum, Plaintiff is awarded $2,146.25 in attorneys' fees ($1,279.25 for Mr. Riley, $800 for the research attorney, and $67 for the administrative assistant).
Plaintiff requests $1,209.01 in costs for investigative expenses, courier charges, filing fees, and service of process fees. The court finds $577 in costs reimbursable.
Plaintiffs request $600 in pre-filing investigative fees, citing to a case in which the court noted that the detection of the unlawful interception of broadcasts was a difficult task.
Plaintiff's motion for attorneys' fees and costs is granted in part. Counsel is awarded $2,146.25 in attorneys' fees and $577 in costs, for a total of $2,723.25.
IT IS SO ORDERED.