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Doc # 42 Mtn

Doc # 42 Mtn

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Published by Jay DeVoy

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Published by: Jay DeVoy on May 04, 2011
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RandazzaLegal Group7001 W Charleston Blvd#1043Las Vegas, NV 89117(888) 667-1113
J. Malcolm DeVoy IV (Nevada Bar No. 11950)RANDAZZA LEGAL GROUP jmd@Randazza.com7001 W. Charleston Boulevard, # 1043Las Vegas, NV 89117Telephone: 888-667-1113Facsimile: 305-437-7662Appearance Attorney for Defendant,Michael Leon
UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
RIGHTHAVEN, LLC, a Nevada limited liabilitycompany,Plaintiff,vs.MICHAEL LEON, an individual; DENISE NICHOLS, an individual; and MEDBILLZ,INC. a corporation of unknown origin,Defendant.Case No. 2:10-cv-01672
DEFENDANT MICHAEL LEON’SCOUNSEL’S MOTION FOR ATTORNEY’S FEES AND COSTSDEFENDANT MICHAEL LEON’S COUNSEL’SMOTION FOR ATTORNEY’S FEES AND COSTS
Randazza Legal Group and attorney J. Malcolm DeVoy IV, retained for DefendantMichael Leon’s April 20, 2011 hearing in the above-captioned matter, hereby brings this motionfor attorney’s fees against Righthaven LLC, pursuant to Fed. R. Civ. P. 54, 17 U.S.C. § 505, andthe Court’s April 20, 2011 order granting an award of attorney’s fees to Defendant MichaelLeon, and states as follows:1.
 
On April 18, 2011, this Court ordered a hearing for April 20, 2011, in the above-captioned matter, concerning Defendant Leon’s many Motions to Dismiss filed in the days preceding the hearing (Docs. # 22-24, 27, 30).
Case 2:10-cv-01672-GMN -LRL Document 42 Filed 05/03/11 Page 1 of 6
 
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RandazzaLegal Group7001 W Charleston Blvd#1043Las Vegas, NV 89117(888) 667-1113
2.
 
This same day, April 18, 2011, Defendant Michael Leon retained RandazzaLegal Group and attorney DeVoy to represent him solely for the April 20, 2011 hearing. (Aff. of J. Malcolm DeVoy, hereinafter “DeVoy Aff.” ¶¶ 5-9.)3.
 
On April 19, 2011, DeVoy received both phone calls and e-mails from the personnel and representatives of Plaintiff Righthaven LLC concerning his representation of Defendant Leon and Leon’s public statements about Plaintiff. (
 Id 
. ¶¶ 10-12;
 see also
Aff. Exh.A; Aff. Exh. B.)4.
 
On April 20, 2011, the Court dismissed Plaintiff Righthaven LLC’s case againstDefendant Leon, without prejudiced, and awarded attorney’s fees to Defendant Leon. (Doc. #37.)5.
 
Pursuant to Docket Entry Number 37, an award of attorney’s is a foregoneconclusion, as Leon has been given leave to move for fees in his case.6.
 
Although Randazza Legal Group and attorney DeVoy rendered its services toDefendant Leon pro bono, its written retainer agreement with Defendant Leon specificallycontemplated earning any Court-awarded attorney’s fees on contingency. (DeVoy Aff. ¶¶ 5-9.)7.
 
Communicating with Righthaven LLC’s counsel Shawn Mangano, DeVoy spokeon the phone with Mangano on April 21, 2011. (
 Id 
. ¶¶ 18.)8.
 
Attorney DeVoy and Righthaven’s outside counsel exchanged e-mails in an effortto resolve the attorney’s fees issue without further litigation from April 21, 2011, through April23, 2011. (
 Id 
. ¶ 19; Aff. Exh. C.)9.
 
Attorney DeVoy again called Righthaven’s outside counsel on April 25, 2011, toaddress the issue, and spoke again with Righthaven’s outside counsel about the matter on April28, 2011. (DeVoy Aff. ¶¶ 20-21.) At that time, no progress had been made as to resolvingattorney DeVoy’s inquiries about attorney’s fees.10.
 
Randazza Legal Group and attorney DeVoy seek an award of attorney’s fees andcosts, pursuant to Fed. R. Civ. P. 54 and 17 U.S.C. § 505, as well as this Court’s April 20, 2011order.
Case 2:10-cv-01672-GMN -LRL Document 42 Filed 05/03/11 Page 2 of 6
 
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RandazzaLegal Group7001 W Charleston Blvd#1043Las Vegas, NV 89117(888) 667-1113
11.
 
A true and correct invoice of time spent and costs expended on Defendant Leon’shearing totaling 13.80 hours, worth $3,795.00, and $20.00 in costs, including time spent seekingan award of attorney’s fees and the preparation of this motion, is attached as Exhibit A. (DeVoyAff. ¶¶ 24-38.) In total, Randazza Legal Group seeks $3,815.00 in fees and costs, achieved byadding $20.00 to the 13.80 hours spent by attorney DeVoy in this matter, multiplied by hisregular hourly rate ($275/hour). (
 Id 
. ¶¶ 33-34, 41.)12.
 
DeVoy has complied with LR 54-16(c) in bringing this motion, and the feessought by Randazza Legal Group are reasonable. (
 Id 
. ¶¶ 40-41.)13.
 
Pursuant to Local Rule 54-16(b), the following considerations are salient to theCourt’s decision to award fees in this case.a.
 
In this case, Righthaven sought damages of $150,000 from DefendantLeon for willful copyright infringement under 17 U.S.C. § 501. (Doc. # 1.)Following the hearing in which DeVoy participated, the Court dismissedRighthaven LLC’s case against Defendant Leon, without prejudice, and allowedDefendant Leon to seek attorney’s fees. (Doc. # 37.) b.
 
The time and labor required for the hearing was approximately four hours,due to the need to review the case file and respond to correspondence fromRighthaven in advance of the hearing. (DeVoy Aff. ¶¶ 10-12.) Between 9 and 10hours have been spent since then trying to resolve the issue of an attorney’s feesaward with Righthaven’s counsel, and then preparing this Motion (
 see
Exh. A.)c.
 
The questions presented by Leon’s numerous Motions to Dismiss at issuein the hearing (Doc. # 22-24, 27) were novel insofar as they had not beenaddressed by hearing in any of the 200+ prior Righthaven LLC cases, particularlythe matter of late service under Fed. R. Civ. P. 4(m); Defendant Leon and DeVoyanticipated that the court may raise a question as to subject matter jurisdiction,and prepared for that question to come before the Court at the April 20, 2011hearing. (DeVoy Aff. ¶¶ 6-7, 13-14.)
Case 2:10-cv-01672-GMN -LRL Document 42 Filed 05/03/11 Page 3 of 6

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