Joe Hand Promotions, Inc. v. Allen, No. 1:2018cv00127 - Document 38 (S.D. Ga. 2020)
Court Description: ORDER granting in part and denying in part 36 Motion for Attorney Fees in the total amount of $5,227.53. Plaintiff's claims under the Communications Act of 1934 are dismissed. Judgment is ordered to be entered in favor of Plaintiff and a gainst Defendants Allen and Kittles in the amount of $10,400.00 jointly and severally, with Defendant Kittles liable for an additional $3,000.00 as ordered by this Court on March 19, 2020. The Clerk is directed to close this case. Signed by Chief Judge J. Randal Hall on 09/24/2020. (jlh)
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Joe Hand Promotions, Inc. v. Allen Doc. 38 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION 'k JOE HAND PROMOTIONS, INC., * Plaintiff, k V . VONCELLIES A. ALLEN, individually and d/b/a Level 9 Sports Bar & Grill; and EURL KITTLES, CV 118-127 * * r . r~ m CO k CT-' k “O £ k Defendants. u jr Lp i.' > Cl o CJ ORDER UJ Presently pending before Promotions, Inc. 's (Doc. For the reasons 36. ) the application set Court for is Plaintiff attorney's forth below, fees Joe and Hand costs. this application is GRANTED IN PART. I. On August 14, BACKGROUND Plaintiff filed the instant case against 2018, Defendant Voncellies A. Allen for violations of the Copyright Act, 17 U.S.C. amended: § 101 et 47 U.S.C. and 47 U.S.C. § 553 § 605 On March 11, add Eurl Kittles seg. , and the Communications Act (generally referred to as (generally referred to as 2019, \\ of 1934, as Cable Piracy") Satellite Piracy") . Plaintiff moved to amend the complaint to as a defendant. Upon leave of court. filed the Amended Complaint on March 28, 2019, Plaintiff and timely served Dockets.Justia.com Defendant Kittles. Defendant Kittles failed to appear, plead or otherwise defend; the Clerk entered default on May 10, 2019. On March 19, 2020, the Court granted Plaintiff's motion for summary judgment and motion for default judgment and stated that upon resolution of the attorney's fees and costs issue, the Court will enter judgment in favor of Plaintiff against Defendants Allen and Kittles in the amount of $10,400, jointly and severally, with Defendant Kittles liable for an additional $3,000. (Doc. 35.) Order then Plaintiff instructed to file its application attorney's fees and costs within fourteen (14) days. The for Further, the Court noted that Plaintiff's claims under the Communications Act of 1934 remained pending and requested Plaintiff notify the Court within the same fourteen-day time period whether it intends to pursue the claims. On March attorney's 23, fees 2020, and Plaintiff costs, which filed included an application an affidavit for from Plaintiff's counsel detailing the requested fees. Plaintiff did not address the Communications Act of 1934 issue. On April objection to 6, the 2020, Defendant application recoverable. (Doc. 37.) Allen contesting filed $450 a in response fees as and non¬ The Court resolves these additional issues herein so judgment may be entered in favor of Plaintiff in this case. 2 II. DISCUSSION A. Award of Fees With respect to attorney's fees and costs. Section 505 of the Copyright Act provides: In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also reward a reasonable attorney's fee to the prevailing party as part of the costs. 17 U.S.C. § 505. does not The Eleventh condition an award Circuit has of fees on held that Section 505 the showing of willful infringement or frivolous suit. Original Appalachian Artworks, Inc. It instead V. Toy Loft, Inc., 684 F.2d 821, 832 (11th Cir. 1982). holds that \\ the only preconditions to an award of fees is that the party receiving the fee be the 'prevailing party' be reasonable. n and that the fee Id. This Court has already determined an award for attorney's fees and costs is justified in this case because the Copyright Act is a strict liability copyright Allen put was statute infringed Plaintiff by and there both through is Defendants. discovery establish indisputable liability. no and dispute Plaintiff's Further, summary Defendant judgment to There has been no further dispute over the fact attorney's fees and costs are warranted in this case. The only issue remaining for the Court to determine is what amount of fees and costs is reasonable. 3 Plaintiff claims attorney's fees in the amount of $4,905.00 and expenses of $772.53. This is based upon an hourly rate of $375.00 for Ronald D. Reemsnyder and $275.00 for an unidentified w Associate."1 (See Reemsnyder Aff. 1 4.) Defendant responded and objected to the recovery of $450.00 in fees, submitting the fees were for w clerical tasks that do not require the full exercise of an attorney's education and judgment, therefore making them nonrecoverable. 37. ) (Doc. All but $37.50 of the $450.00 is Defendant did not further object to attributable to the Associate. any of the fees or rates submitted by Plaintiff. Courts have attorney's fees. \\ used factors various but the Supreme Court to has determine awards of explicitly held that attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion. 'There is no precise r rr formula Fantasy, for making Inc., these 510 U.S. determinations 517, 534 . (1994) (quoting rule or Fogerty v. Hensley v. Eckerhart, 461 U.S. 424 (1983) ) . As to Defendant's objection to the payment for clerical tasks. Defendant cited cases where courts have exercised their discretion to not allow recovery of fees for clerical work. But as stated above, there is no exact formula for how attorney's fees are to be awarded; that is. the Court is 1 not bound to a rule precluding The billing statement identifies the Associate as JYR. It is unclear whether The Court notes that the only attorney JYR is an attorney or a staff member, of record in the case is Mr. Reemsnyder. 4 clerical tasks. The Court is simply bound to ensure the award is reasonable. Nevertheless, because JYR is unidentified and thus, the Court has no basis particularly to with assess the respect reasonableness clerical to of tasks. his ff or the her fee, Court will exercise its discretion and sustain Defendant's objection to the imposition of $450.00. The Court hereby awards Plaintiff attorney fees in the amount of $4,455.00 and costs of $772.53 totaling an award in the amount of $5,227.53. Communications Act of 1934 Claims B. The Order of March 19, 2020 requested Plaintiff notify the Court of its intent to pursue the claims under the Communications Act of 1934. (Doc. 35.) Because Plaintiff did not indicate that it intended to pursue the claims. the Communications Act claims are deemed abandoned. The Court will therefore dismiss the claims. III. CONCLUSION For the reasons set forth above, IT IS HEREBY ORDERED that Joe Hand Promotions, Inc.'s application for attorney's fees and costs (Doc. $5,227.53. 36) IS GRANTED Plaintiff's IN claims PART, in under the the total amount of Communications Act of 1934 are DISMISSED. The Clerk is DIRECTED to ENTER JUDGMENT in favor of Plaintiff and against Defendants Allen and Kittles in the amount of $10,400, 5 jointly and severally, with Defendant Kittles liable for additional $3,000 as ordered by this Court on March 19,2020. an The Clerk shall then CLOSE this case. ORDER ENTERED at Augusta, Georgia, this day of September, 2020. J. RANimf HALL< cYlIEF JUDGE UNITEOT^ATES DISTRICT COURT SOUTiiERN DISTRICT OF GEORGIA 6
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