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Broadcast Music, Inc. v. Epicurean Enterprises, LLC

United States District Court, D. Arizona
Dec 4, 2009
No. CV-08-1926-PHX-DGC (D. Ariz. Dec. 4, 2009)

Opinion

No. CV-08-1926-PHX-DGC.

December 4, 2009


ORDER


Plaintiffs have filed a motion for attorneys' fees. Dkt. ##36, 37. Defendants have not responded to the motion. For the reasons that follow, the Court will award Plaintiffs $31,510.

I. Background.

On October 20, 2008, Plaintiffs filed a complaint against Defendants under the Copyright Act of 1976, 17 U.S.C. §§ 101, et seq. Dkt. #1. The complaint asserted eight claims of willful copyright infringement and requested statutory damages, an injunction against further infringement, and attorneys' fees. Id. at 3. On June 26, 2009, Plaintiffs filed a motion for summary judgment which the Court granted. Dkt. #34. Plaintiffs now seek an award of attorneys' fees under 17 U.S.C. § 505. Dkt. ##36, 37.

II. Analysis.

Under 17 U.S.C. § 505, the Court may "award a reasonable attorney's fee to the prevailing party" of a civil action under Title 17. Plaintiffs' counsel, Mark Deatherage, has filed an affidavit and an itemized statement of fees showing that he worked 68.2 hours on this case and that a paralegal worked 5.3 hours. Dkt. #37-1 at 4. Having reviewed counsel's affidavit ( id. at 11-12) and the statement of fees ( id. at 4-9), and having considered the favorable result counsel obtained for Plaintiffs and the relevant fee award factors, see Hensley v. Eckerhart, 461 U.S. 424, 429-30 n. 3 (1983), the Court finds that the requested award is reasonable.

IT IS ORDERED:

1. Plaintiffs' motion for attorneys' fees (Dkt. #36) is granted.
2. Pursuant to 17 U.S.C. § 505, attorneys fees in the total amount of $31,510 are awarded in favor of Plaintiffs and against Defendants, jointly and severally.


Summaries of

Broadcast Music, Inc. v. Epicurean Enterprises, LLC

United States District Court, D. Arizona
Dec 4, 2009
No. CV-08-1926-PHX-DGC (D. Ariz. Dec. 4, 2009)
Case details for

Broadcast Music, Inc. v. Epicurean Enterprises, LLC

Case Details

Full title:Broadcast Music, Inc., et al., Plaintiffs, v. Epicurean Enterprises, LLC…

Court:United States District Court, D. Arizona

Date published: Dec 4, 2009

Citations

No. CV-08-1926-PHX-DGC (D. Ariz. Dec. 4, 2009)