United States District Court, D. Maryland, Southern Division
Charles B. Day United States Magistrate Judge
this Court is Plaintiff's Memorandum of Law in Support of
Plaintiff's Motion for Attorneys' Fees and Costs (ECF
No. 43) (the “Motion”). Plaintiff J &J Sports
Production, Inc. (“Plaintiff”) filed a complaint
against Defendant Three Brothers of Hyattsville
(“Defendant”), alleging Defendant (1) violated 47
U.S.C. § 605; (2) violated 47 U.S.C. §
553; and (3)
acted in ways amounting to tortuous conversion. ECF No. 1, p.
1-5. The Court has reviewed the Motion, related memoranda,
and applicable law. No hearing is deemed necessary.
See Local Rule 105.6 (D. Md.). For the reasons
presented below, the Court GRANTS in part and DENIES
in part the Motion.
owns certain nationwide television commercial distribution
rights to the Floyd Mayweather, Jr v. Robert Guerrero,
WBC Welterweight Championship Fight Program, telecast
nationwide on Saturday, May 4, 2013 (“the
Program”). Id. at 2-3. Plaintiff entered into
various sublicensing agreements with commercial entities
throughout North America, including restaurants, bars,
hotels, etc., whereby these entities were granted the right
to publicly show the Program to their patrons. Id.
at 3. Plaintiff alleged that Defendant “did unlawfully
publish, divulge and exhibit the Program” at its
establishment without entering into such an agreement with
trial was held on July 5, 2017, where the Court granted
judgment in favor of Plaintiff as to Count I, awarding $6,
600. ECF No. 41, 42. Plaintiff now seeks an award of
attorney's fees and costs. ECF No. 43.
Court granted judgment in favor of Plaintiff pursuant 47
U.S.C. § 605. Transcript of Record at
Section 605(e)(3)(B)(iii) provides that the Court
“shall direct the recovery of full costs, including
awarding reasonable attorneys' fees to an aggrieved party
Plaintiff's Entitlement to Costs
Court finds that the costs incurred are reasonable. Under
Rule 54(d) of the Federal Rules of Civil Procedure,
“[u]nless a federal statute, these rules, or a court
order provides otherwise, costs--other than attorney's
fees--should be allowed to the prevailing party.”
Fed.R.Civ.P. 54(d)(1). It is established that the party that
is “entitled to recover attorney's fees [is] also
entitled to recover reasonable litigation-related expenses as
part of their overall award.” Kabore v. Anchor
Staffing, Inc., No. L-10-3204, 2012 WL 5077636, at *10
(D. Md. Oct. 17, 2012).
actual amount sought, as outlined below, is $1, 412.85, but
Plaintiff requested only $1, 372.00 in the Motion. ECF No.
43, p. 2. Plaintiff honors this miscalculation in its
subsequent filings, claiming “Plaintiff will only be
requesting $1, 372.00, as this is the amount requested in its
original Request for Costs.” ECF No. 45-11, p. 2.
Complaint filing fee
Private Process Server Fee
objects to the costs requested by Plaintiff, arguing that
Plaintiff did not file its Bill of Costs in the format
required by Local Rule 109.1. Defendant specifies that
Plaintiff's filings are not in the requisite format for a
Bill of Costs because the request was not “accompanied
by a memorandum setting forth the grounds and authorities
supporting the request” nor had the “vouchers or
bills supporting the costs being requested . . . attached as
exhibits.” While Defendant accurately identifies this
deficiency in Plaintiff's filing, Plaintiff remedied the
matter in its “Memorandum in Support of Plaintiff's
Response to Defendant's Opposition to Plaintiff's
Motion for Attorney's Fees and Costs” (ECF No.
45-1) by filing a supporting memorandum (ECF No. 45-11) and
documentation supporting most of its costs (ECF No. 45-12).
However, Plaintiff failed to provide a “voucher or
bill” supporting the cost of the courier charge for
$11.83. Without this documentation, the Court will not award
Plaintiff reimbursement for that cost, reducing
Plaintiff's claim to $1, 401.02. However, the lack of
support for the courier charge is inconsequential because
Plaintiff is requesting $40.85 less than it would otherwise
be entitled to, encompassing in that amount the unsupported
courier charge. The Court finds that as the prevailing party,
Plaintiff is entitled to recover reasonable costs incurred
for a total of $1, 372.00.
Plaintiff's Entitlement to Attorney's Fees
calculating an award of attorney's fees, Courts begin
with the lodestar calculation. Robinson v. Equifax Info.
Servs., LLC, 560 F.3d 235, 243 (4th Cir. 2009) (citing
Grissom v. TheMills Corp., 549 F.3d 313,
320 (4th Cir. 2008)). The lodestar figure equals the number
of reasonable hours expended by counsel multiplied by a