RJack wrote: > > Best Buy Inc. has just filed a 28 page (available on PACER) Memorandum > of Law in Opposition to Plaintiff's Motion for Preliminary Injunction.
How much is that in attoney's fees and costs? Judging from the JMRI case it's quite a penny: http://jmri.sourceforge.net/k/docket/111.pdf "In this matter, Defendants Katzer and KAM declare that they have incurred $20,782.58, inclusive of $450.68 in expenses as a result of researching, filing and arguing the anti-SLAPP special motion to strike. (Declaration of R. Scott Jerger in support of his motion for attorneys fees (Jerger Decl.), ¶ 3.) Counsel explains that he spent a total of 59.8 hours preparing the motion papers related to the special motion to strike. (Id., ¶ 4(a)-(c).) He also contends that he spent a total of 28.4 hours preparing for and attending the court hearing on the special motion and further alleges that such time was spent exclusively on this motion, and not the other pending motions or the case management conference. (Id., ¶ 4(d); Defendants Katzer and KAMs Reply to Plaintiffs Objections at 2.) The Court finds this additional court attendance estimate to be excessive and reduces the estimate for time spent on the hearing of the special motion to 4 hours. Therefore, the Court awards fees to counsel for Katzer and KAM in the amount of $14,036 (for 63.8 hours at an hourly rate of $220). The Court also awards costs in the amount of $450.68. Therefore, the total amount owing to Katzer and KAM is $14,486.68. Additionally, Defendant Russell declares that he has incurred a total of $43,491.25 in attorneys fees as a result of researching, filing and arguing the anti-SLAPP special motion to strike. (Declaration of David M. Zeff in support of award of attorneys fees (Zeff Decl.), ¶ 6; Defendant Russells Reply to Plaintiffs Objection at 5.) This estimate includes 84.55 hours of time at a rate of $235 per hour for Mr. Moores services and 67.35 hours at a rate of $300 per hour for Mr. Zeffs services, plus an additional 4.2 hours billed by Mr. Moore and an additional 8.1 hours billed by Mr. Zeff in connection with reviewing Plaintiffs objections and researching and drafting a reply. (Zeff Decl., ¶¶ 2, 5; Reply at 5; Declaration of David M. Zeff in reply to objections, ¶¶ 4, 5.) Mr. Zeff also explains that he includes some, but not all, of the time he and Mr. Moore spent on the motion to dismiss because some of the substantive issues in the special motion to strike overlap. The Court finds this unpersuasive as the motion to dismiss was a stand-alone motion and only fees incurred due to the filing of the special motion to strike are recoverable. See Lafayette Morehouse, Inc., 39 Cal. App. 4th at 1383. The Court also finds it unreasonable that two attorneys, billing at comparable rates, were necessary to complete the same tasks it took a single attorney to complete for Defendants Katzer and KAM. Therefore, the Court will only take into consideration the fees incurred by Mr. Zeff and reduce that amount by twenty-five percent because the Court cannot award fees for time incurred on unrelated motions. Therefore, the total amount owing to Defendant Russell is $16,976.25 (75.45 hours reduced by 25% at an hourly rate of $300)." Here's another example: http://www.pryorcashman.com/f-18.html "Pannonia Farms Inc. v. USA Cable, 2004 U.S. Dist. LEXIS 23015 (S.D.N.Y. 2004), affd, 426 F.3d 650 (2d Cir. 2005): Obtained summary judgment dismissing claims involving television motion picture A Case of Evil and ownership of rights to fictional characters Sherlock Holmes and Dr. Watson; affirmed on appeal. Also obtained award of over $100,000 in attorneys fees and an additional $25,000 in sanctions against plaintiffs counsel. " regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss