Opinion
1:20-CV-428 (FJS/DJS)
11-19-2021
TILE, INC., Plaintiff, v. CELLNTELL DISTRIBUTION INC. and RELIANCE DISTRIBUTION INC., Defendants.
K & L GATES LLP, Attorneys for Plaintiff CRISCIONE RAVALA, LLP Attorneys for Defendants MORGAN T. NICKERSON, ESQ., NICOLE M. KOZIN, ESQ. GALEN J. CRISCIONE, ESQ.
APPEARANCES OF COUNSEL
K & L GATES LLP, Attorneys for Plaintiff
CRISCIONE RAVALA, LLP Attorneys for Defendants
MORGAN T. NICKERSON, ESQ.,
NICOLE M. KOZIN, ESQ.
GALEN J. CRISCIONE, ESQ.
ORDER
FREDERICK J. SCULLIN, JR. SENIOR UNITED STATES DISTRICT JUDGE
In a Memorandum-Decision and Order dated June 30, 2021, the Court, among other things, granted Defendant Reliance Distribution Inc.'s ("Defendant Reliance") motion to vacate the default judgment against it conditioned on Defendant Reliance's payment of the reasonable attorney's fees that Plaintiff incurred in filing its motion for a default judgment. See Dkt. No. 31 at 20. Relatedly, the Court instructed Plaintiff's counsel to file and serve an affidavit with supporting documentation showing the hours expended and tasks performed related to the filing of Plaintiff's motion for a default judgment on or before July 14, 2021. See Id. The Court also provided Defendant Reliance with an opportunity to respond to Plaintiff's counsel's submissions on or before July 28, 2021. See id.
Plaintiff's counsel filed the required documentation. See Dkt. No. 32. Defendant Reliance did not file any response to that documentation.
According to Plaintiff's counsel's affidavit, Plaintiff incurred $13,268.50 in attorney's fees related to the filing of its motion for a default judgment. See Dkt. No. 32, Affidavit of Morgan T. Nickerson, at ¶ 7. Furthermore, Plaintiff's counsel identified the three attorneys who expended hours related to the filing of such motion and set forth their experience and hourly rates as follows:
Morgan T. Nickerson, a partner with 15 years of experience specializing in intellectual property litigation, expended 15.50 hours on the motion at an hourly rate of $705.00;
Nicole M. Kozin, an associate, who received her J.D. in 2004, expended 2.2 hours on the motion at an hourly rate of $555.00; and
Jack S. Brodsky, an associate, who received his J.D. in 2016, expended 2.0 hours on the motion at an hourly rate of $560.00
See Id. at ¶¶ 9-11 & Exhibit "A" attached thereto.
Having reviewed the documentation that Plaintiff's counsel submitted, the Court finds that the hours expended and the hourly rates for the work that the attorneys performed are reasonable; and, therefore, the Court hereby
ORDERS that Defendant Reliance Distribution Inc. shall pay Plaintiff the amount of $13,268.50 in attorney's fees on or before December 3, 2021; and upon making such payment, shall file an affidavit with the Court attesting that it has done so. Upon the filing of said affidavit, the Court will vacate the default judgment entered against Defendant Reliance; and, within fourteen (14) days of that vacation, Defendant Reliance shall file its response to Plaintiffs complaint.
IT IS SO ORDERED.