- 2 -12345678910111213141516171819202122232425262728
RandazzaLegal Group7001 W Charleston Blvd#1043Las Vegas, NV 89117(888) 667-1113
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. (
. ¶¶ 10-12;
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. (
. ¶¶ 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. (
. ¶ 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