Case 3:10-cv N Document 18 Filed 10/07/11 Page 1 of 6 PageID 363

Similar documents
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:10-CV-1900-N ORDER

Case 3:10-cv N Document 10 Filed 02/11/11 Page 1 of 13 PageID 217

Case 2:14-cv KOB Document 44 Filed 03/28/17 Page 1 of 8

Case 3:10-cv N Document 24 Filed 10/29/11 Page 1 of 10 PageID 444

DAVIS WRIGHT TREMAINE LLP

Case 0:10-cv MGC Document 913 Entered on FLSD Docket 08/23/2012 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:08-CV-2254-N ORDER

Case 1:08-cv RDB Document 83 Filed 10/20/2009 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA FINDINGS AND RECOMMENDATION

Case 4:10-cv Y Document 197 Filed 10/17/12 Page 1 of 10 PageID 9245

Case 3:13-cv DPJ-FKB Document 518 Filed 09/29/15 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

Case 3:10-cv N Document 2-2 Filed 09/30/10 Page 1 of 6 PageID 29

Prepared by: Karen Norlander, Esq. Special Counsel Girvin & Ferlazzo, P.C. New York State Bar Association CLE Special Education Update, Albany NY

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Case 1:09-cv CAP Document 94 Filed 09/12/12 Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

No UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT MICK HAIG PRODUCTIONS, E.K., Plaintiff, DOES 1-670, Defendants-Appellees,

: : : : : : : : : : : : 16cv2268. Defendant and Counterclaim/Cross-Claim Plaintiff U.S. Bank National

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. Case No: 8:14-cv-2541-T-30MAP ORDER

Case 3:16-cv SI Document 68 Filed 06/18/18 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Case 4:11-cv Document 198 Filed in TXSD on 05/31/13 Page 1 of 6

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

F I L E D July 12, 2012

Case 2:05-cv CM-GLR Document 105 Filed 08/08/2006 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

FINAL RULING ON ATTORNEY FEES AND COSTS

Joy Friolo v. Douglas Frankel, et. al., No. 107, September Term, Opinion by Bell.

Case 3:16-cv WHO Document Filed 06/30/17 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

Opposing Post-Judgment Fee. Discrimination Cases*

Case 2:04-cv JS -ARL Document 365 Filed 02/23/11 Page 1 of 13

Case 6:14-cv RWS-KNM Document 85 Filed 11/30/17 Page 1 of 13 PageID #: 1081

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 6:13-cv MC Document 129 Filed 06/17/14 Page 1 of 12 Page ID#: 1425

Case 1:13-cv LGS Document 20 Filed 06/26/13 Page 1 of 8. : Plaintiffs, : : : Defendants. :

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, ORDER DENYING MOTION FOR v.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

DAVIS WRIGHT TREMAINE LLP

Baker & Hostetler, L.L.P. ("B&H" or "Applicant"), files its First and Final Application

CASE ARGUED APRIL 21, 2015 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

MOTION FOR ATTORNEYS FEES ON APPEAL

Case 3:11-md JM-JMA Document 87 Filed 12/17/12 PageID.1739 Page 1 of 6

Case 9:15-cv JIC Document 75 Entered on FLSD Docket 12/07/2016 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:17-cv FB-CLP Document 77 Filed 06/07/18 Page 1 of 6 PageID #: 1513

Case 4:13-cv C Document 23-1 Filed 11/07/13 Page 1 of 9 PageID 902

Case 2:07-cv PD Document 296 Filed 09/19/14 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA O R D E R

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND MEMORANDUM AND ORDER. This ERISA case, brought on November 17, 2010 on behalf of

: x. Presently before the Court is the Motion of Class Counsel for Attorneys' Fees and

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL. CASE NO.: CV SJO (FFMx) DATE: December 11, 2018

ATTORNEYS FEES UNDER THE IDEA. Karen Norlander, Esq. Girvin & Ferlazzo, P.C. Albany, New York

Case 1:17-cv WYD-MEH Document 9 Filed 09/22/17 USDC Colorado Page 1 of 9 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 5:08-cv PD Document 185 Filed 02/07/13 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:06 cv REB BNB Document 334 Filed 01/11/10 USDC Colorado Page 1 of 15

CASE 0:12-cv JNE-FLN Document 9 Filed 08/03/12 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Kelly v. Montgomery Lynch & Associates, Inc. Doc. 118 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case4:12-cv PJH Document22-2 Filed07/23/12 Page1 of 8. Exhibit B

Case 2:16-cv RSM Document 70 Filed 02/15/17 Page 1 of 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I.

CASE ARGUED APRIL 21, 2015 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No

Case: 1:13-cv Document #: 149 Filed: 09/26/16 Page 1 of 5 PageID #:7573

"'031 Patent"), and alleging claims of copyright infringement. (Compl. at 5).^ Plaintiff filed its

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 4:10-cv Document 214 Filed in TXSD on 11/22/11 Page 1 of 21

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ORDER I. INTRODUCTION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:15-cv RBL Document 216 Filed 07/12/18 Page 1 of 19

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendant.

Case 3:04-cv TSL-FKB Document 724 Filed 07/21/17 Page 1 of 19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

MEMORANDUM OPINION & ORDER AWARDING PLAINTIFF S ATTORNEYS FEES & COSTS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION

Case 3:14-cv ST Document 146 Filed 01/05/16 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

Case 1:07-cv PAB-KLM Document 223 Filed 09/18/14 USDC Colorado Page 1 of 14

Case: 1:13-cv Document #: Filed: 09/02/16 Page 1 of 6 PageID #:5205

Case 1:07-cv AA Document 25 Filed 08/14/2007 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ELECTRONIC FRONTIER FOUNDATION Defending Your Rights in the Digital World

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff,

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:10-CV-1900-N ORDER

No IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Case 1:06-cv PCH Document 38 Filed 11/09/2006 Page 1 of 15

Case 3:08-cv MHP Document 41 Filed 04/15/2009 Page 1 of 8

NOTICE OF MOTION (these names being fictitious as their true corporate identities are currently unknown)

ORDER AWARDING ATTORNEYS FEES AND EXPENSES TO CLASS COUNSEL

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Case 4:12-cv O Document 184 Filed 08/06/15 Page 1 of 5 PageID 4824

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

EFFECTIVELY RECOVERING ATTORNEY S FEES

HADEED CARPET CLEANING, Plaintiff-Appellee. REPLY BRIEF SUPPORTING PETITION FOR APPEAL

Case 2:12-cv JFB-ETB Document 26 Filed 06/19/12 Page 1 of 6 PageID #: 158 CV (JFB)(ETB)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Case5:13-md LHK Document129 Filed01/27/14 Page1 of 7

Case3:08-cv VRW Document33 Filed07/13/09 Page1 of 5

In The United States District Court For The Southern District of Ohio Western Division

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Charlottesville Division

Case Document 3609 Filed in TXSB on 09/14/15 Page 1 of 17

Fourth Court of Appeals San Antonio, Texas

Transcription:

Case 3:10-cv-01900-N Document 18 Filed 10/07/11 Page 1 of 6 PageID 363 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICK HAIG PRODUCTIONS, E.K., Plaintiff, v. DOES 1-670 Defendants. CA. 3:10-cv-01900-N AD LITEM COUNSEL S PETITION FOR ATTORNEY S FEES AND EXPENSES

Case 3:10-cv-01900-N Document 18 Filed 10/07/11 Page 2 of 6 PageID 364 On September 9, 2011, this Court granted Defendants motion for sanctions based on Plaintiff counsel Evan Stone s improper sending of subpoenas in violation of Rules 26 and 45 as well as the Court s denial of Plaintiff s motion for expedited discovery subpoenas. To make all interested parties to this action whole in the wake of Mr. Stone s misconduct, the Court ordered that, in additional to a monetary sanction to be paid to the Court and other remedial measures, Mr. Stone shall pay the Ad Litems attorneys fees and expenses reasonably incurred in bringing the motion for sanctions. Order of September 9, 2011, at 16. Pursuant to the Court s Order, Defendants ad litem counsel now submit this Memorandum and accompanying affidavits in support of the fees and costs reasonably incurred by ad litem counsel during that phase of this litigation. I. REASONABLENESS OF ATTORNEY S FEES A. Legal Standard Having determined that a fee award is appropriate, the Court must now determine the value of the work performed. To evaluate the reasonableness of the fees and costs sought, the Court begins by calculating the lodestar, or the number of hours reasonably expended on the litigation multiplied by a reasonably hourly rate. Hensley v. Eckerhart, 461 U.S. 424, 433 (1983. See also, e.g., Watkins v. Fordice, 7 F.3d 453, 457 (5th Cir. 1993 (citing Hensley; Starlight Intern., Inc. v. Herlihy, 190 F.R.D. 587, 589 (D. Kan. 1991 (applying lodestar approach to Rule 26 attorney s fees award; Molefi v. Oppenheimer Trust, Case No. 03 CV 5631(FB (VVP, 2007 WL 538547, at *5 (S.D.N.Y. February 21, 2008 (applying lodestar approach to Rule 45 attorney s fees award. The party seeking attorney s fees bears the burden of producing evidence supporting the hours worked and a reasonable rate. Hensley, 461 U.S. at 433. The lodestar is presumptively reasonable if the Court finds that the hours expended and corresponding rates are both reasonable. See, e.g., Watkins, 7 F.3d at 459. In calculating the lodestar, the proper rate is the one prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation. Islamic Ctr. of Miss. v. Starkville, 876 F.2d 465, 469 (5th Cir. 1989 (quoting Blum v. Stenson, 465 U.S. 1

Case 3:10-cv-01900-N Document 18 Filed 10/07/11 Page 3 of 6 PageID 365 886, 895 n.11 (1984. The proper rate takes into account not only the experience and credentials of each attorney but also the expertise and skill of counsel for whom fees are sought. See Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717 19 (5th Cir. 1974. 1 And while courts traditionally define the relevant legal community to be the one in which the district court sits, In re Enron Corp. Securities, Derivative & ERISA Litigation, 586 F. Supp. 2d 732, 754 (S.D. Tex. 2008, counsel s home rates should be considered as a starting point for calculating the lodestar amount where out-of-district counsel are proven to be necessary to secure adequate representation. McClain v. Lufkin Industries, Inc., 649 F.3d 374, 382, 384 (5th Cir. 2011 (addressing the reasonableness of attorney s fees in the context of a class action employment discrimination dispute. Although ad litem counsel generally do not charge for their services because they are employed by non-profit, public interest law firms, their reasonable hourly rates are determined by the proper market rate in their communities. See, e.g., Blum v. Stenson, 465 U.S. 886, 892, 895 n.11 (1984. B. Ad Litems Counsel s Fees Are Reasonable Both the rates and time expended by ad litem counsel in bringing the sanctions motion are reasonable. First, as documented in the accompanying declarations submitted by ad litem counsel Matt Zimmerman and Paul Levy, the amount of attorney time submitted in support of the fee award request corresponds to time reasonably spent on evaluating Mr. Stone s misconduct and to draft and file the Defendants successful sanctions motion. See Declarations of Matt Zimmerman and Paul Levy generally. Second, the hourly rates of the ad litem counsel are reasonable given the prevailing rates in their respective communities and their respective skill and experience level. See Declaration 1 The complete list of Johnson factors a court should consider in determining the proper attorney s fee rate includes: (1 the time and labor required; (2 the novelty and difficulty of the questions; (3 the skill requisite to perform the legal service properly; (4 the preclusion of other employment by the attorney due to acceptance of the case; (5 the customary fee; (6 whether the fee is fixed or contingent; (7 time limitations imposed by the client or the circumstances; (8 the amount involved and the results obtained; (9 the experience, reputation, and ability of the attorneys; (10 the undesirability of the case; (11 the nature and length of the professional relationship with the client; and (12 awards in similar cases. 488 F.2d at 717 19. 2

Case 3:10-cv-01900-N Document 18 Filed 10/07/11 Page 4 of 6 PageID 366 of Daralyn Durie in Support of Ad Litem Counsel s Petition at 6. Defendants counsel have specialized expertise with the unusual nature of the underlying litigation, including understanding the appropriate standards for unmasking anonymous online speakers 2 as well as having participated as counsel or amicus in a variety of cases opposing similarly deficient theories in a variety of mass end-user copyright infringement cases. 3 See Declarations of Matt Zimmerman and Paul Levy generally. Indeed, courts have previously invited EFF and Public Citizen to contribute as amicus in cases where such procedural and substantive matters were at issue. See, e.g., VPR Int l v. Does 1,017, Case No. 2:11-cv-02068-HAB DGB (C.D. Ill. Aug. 11, 2011. In the immediate case, the Court recognized that expertise in appointing the undersigned as ad litem counsel to defend the interests of the anonymous Defendants when they were unable to do so themselves. Counsel s ordinary rates are reasonable and should be adopted. Ad litem counsel seeks $22,040.00 in fees, broken down as follows and as identified in the accompanying declarations: Matt Zimmerman: 30.5 hours x $550.00/hour = $16,775.00 Date Task Hours 7-Feb-11 Legal research re: sanctions standards, consult with co-counsel by 4.25 e-mail regarding motion, draft sanctions motion and related filings. 8-Feb-11 Draft and edit sanctions motion and related filings, consult with 5.75 co-counsel by e-mail regarding motion. 9-Feb-11 Edit sanctions motion and related filings, consult with co-counsel 3.0 by e-mail regarding motion. 10-Feb-11 Edit sanctions motion and related filings, consult with co-counsel by e-mail regarding motion. 1.75 2 See, e.g., Dendrite Int'l v. Doe No. 3, 775 A.2d 756 (N.J. App. 2001 (quashing subpoena seeking the identity of online critic; USA Technologies v. Doe, 713 F. Supp. 901 (N.D. Cal. 2010 (same. 3 See, e.g., Third World Media v. Does 1-1,243, Case No. 3:10-cv-00090-JPB-JES (N.D. W.Va. Jan. 11, 2011; FUNimation Entm t v. Does 1-1,427, Case No. 2:11-cv-00269-DF (E.D. Tex. filed May 27, 2011; Openmind Solutions v. Does 1-2,925, Case No. 3:11-cv-00092-GPM-SCW (S.D. Ill. filed Feb. 2, 2011; USA Technologies v. Doe, 713 F. Supp. 901 (N.D. Cal. 2010; Savage v. Council on American-Islamic Relations, Case No. C 07-6076 SI, 2008 WL 2951281 (N.D. Cal.; Fix Wilson Yard v. City of Chicago, Case No. 2008-CH-45023 (Ill. Cir. Ct. 2008; Dominick v. MySpace, Case No. 2008-L-005191 (Ill. Cir. Ct. 2008; Township of Manalapan v. Moskovitz, Case No. MON-L2893-07 (N.J. Sup. Ct. 2007; Burd v. Cole, Case No. CJ 2006 03717 (O.K. Dist. Ct. 2006. 3

Case 3:10-cv-01900-N Document 18 Filed 10/07/11 Page 5 of 6 PageID 367 11-Feb-11 Edit sanctions motion and related filings, consult with co-counsel 2.25 by e-mail regarding motion, file motion. 18-May-11 Review sanctions response, consult with co-counsel regarding 1.5 response and upcoming reply brief. 25-May-11 Legal research re: sanctions standards, consult with co-counsel by 4.25 e-mail regarding reply, draft sanctions reply and related filings. 26-May-11 Edit sanctions reply and related filings, consult with co-counsel by 2.25 e-mail regarding reply. 27-May-11 Edit sanctions reply and related filings, consult with co-counsel by 1.5 e-mail regarding motion, file reply 9-Sept-11 Read and evaluate court s order granting sanctions, initiate research regarding fee standards..5 4-Oct-11 Research regarding fee standards; draft fee petition and related filings. 2.0 5-Oct-11 Finalize fee petition and related filings. 1.5 ============================================ === Paul Alan Levy: 8.1 hours x $650.00/hour = $5,265.00 Total hours: 30.5 Date Task Hours 22-Jan-11 Contact Comcast about report from Doe..1 23-Jan-23 Communicate w/doe re Stone demand..1 24-Jan-11 Communicate w/comcast re Stone demand..2 25-Jan-11 Talk re Stone demand..3 25-Jan-11 Talk Comcast re Stone overreach..4 29-Jan-11 Exchange with Stone, consult co-coun..1 9-Feb-11 Edit sanctions memo 1.5 9-Feb-11 Draft Levy affidavit sanc mot 1.2 10-Feb-11 Edit sanctions memo. 3.0 11-Feb-11 Final edit/proof/tables/filing of sanctions papers..5 18-May-11 Review Stone oppo, consult co-coun..7 27-May-11 Edit sanctions reply, affidavit..5 6-Oct-11 Levy Fee Affidavit, edit fee mem..7 ============================================ === Total hours: 8.1 4

Case 3:10-cv-01900-N Document 18 Filed 10/07/11 Page 6 of 6 PageID 368 The number of hours and rates identified by ad litem counsel are reasonable and support an award of the full fee amount sought. II. CONCLUSION Defendants ad litem counsel respectfully requests that the Court award them reasonable fees and costs in the amount of $22,040.00. Dated: October 7, 2011 Respectfully submitted, /s/ Matthew Zimmerman Matthew Zimmerman mattz@eff.org Cindy Cohn cindy@eff.org ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 T: (415 436-9333 F: (415 436-9993 www.eff.org /s/ Paul Alan Levy Paul Alan Levy plevy@citizen.org Public Citizen Litigation Group 1600 20th Street, NW Washington, D.C. 20009 T: (202 588-1000 http://www.citizen.org/litigation 5