United States District Court, D. Maryland, Southern Division
CHARLES B. DAY UNITED STATES MAGISTRATE JUDGE.
this Court is Plaintiff's Amended Affidavit re Order on
Motion for Attorney Fees by J & J Sports Production, Inc.
(ECF No. 48) (the “Affidavit”). Plaintiff J &
J Sports Production, Inc. (“Plaintiff”) filed a
complaint against Defendant Three Brothers of Hyattsville,
LLC (“Defendant”), alleging Defendant (1)
violated 47 U.S.C. § 605; (2) violated 47 U.S.C. §
and (3) acted in ways amounting to tortious conversion. ECF
No. 1, p. 1-5. The Court has reviewed the Affidavit, 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
Plaintiff's reasonable attorneys' fees as described
Court hereby adopts the factual and procedural background
laid out in the Memorandum Opinion for this case dated August
8, 2017 (ECF No. 46). On August 8, 2017, the Court granted in
part and denied in part Plaintiff's Motion for
Attorneys' Fees and Costs, indicating that
Plaintiff's Motion was deficient in providing sufficient
evidence to support its request. Id. Richard M.
Kind, counsel for Plaintiff, filed his Affidavit on September
12, 2017 and alleges that Defendant owes $4, 440 in
attorneys' fees. The Court previously ruled on court
costs, therefore this opinion is limited to the issue of
determining reasonable attorneys' fees.
requests a total of $4, 440.00 in attorney's fees for the
services of Kind & Dashoff, LLC, (“Kind &
Dashoff”). The Court previously noted that the
majority of the Robinson factors are neutral or
weigh in favor of Plaintiff. ECF No. 47, p. 5 (citing to
Robinson v. Equifax Info. Serv., LLC, 560 F.3d 235,
243-44 (4th Cir. 2009)). The Court further noted
that while most of the factors supported a finding for
Plaintiff, Plaintiff failed to provide the documentation
necessary for the Court to adequately examine the
reasonableness of the fees requested. Id. Plaintiff
was permitted to “resubmit the Statement with the
addition of the appropriate timekeeper for each action taken
as well as an affidavit detailing the hourly billing rates of
each timekeeper.” ECF No. 47, p. 6. The Affidavit
generally meets the Court's requirements.
Affidavit states that Plaintiff's counsel spent 18.2
hours on this case, billing a total of $4, 440 for services
rendered. ECF No. 48-1, p. 4. Plaintiff's counsel further
attests that three attorneys worked on this matter: Richard
M. Kind, Amy L. Keller, and Ryan C. Kind. ECF No. 48, p. 1-2.
The Affidavit also detailed the work experience and hourly
billing rate for each of the above-named attorneys: Richard
Kind with forty years experience and an hourly rate of
$300.00 per hour; Amy Keller with nine years experience and
an hourly rate of $300.00 per hour; and Ryan Kind with 2.5
years experience and an hourly rate of $190.00 per hour.
Id. The Court finds that the hourly rates provided
for each of the attorneys is well within the recommended
rates provided for in Appendix B of the U.S. District Court
of Maryland Local Rules. Local Rules App. B, p. 127 (D. Md.)
(July 1, 2016).
Affidavit provides to some degree the task involved, the time
spent on each task, by whom, and the hourly rate associated
with that individual. ECF No. 48-1. While the Court finds
many of the descriptions of activity lacking in detail, the
total hours spent prosecuting this matter appears reasonable.
foregoing reasons, the Court GRANTS
Plaintiff's attorneys' fees. Plaintiff's counsel
is awarded $4, 400.00.
 47 U.S.C. § 605 - Unauthorized
publication or use of ...