1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8

9

10 FACEBOOK, INC., et al., 11 Plaintiffs, No. C 20-06023 WHA

12 v.

13 NIKOLAY HOLPER, ORDER ADOPTING IN PART REPORT AND RECOMMENDATION 14 Defendant. RE DEFAULT JUDGMENT

15 16 The undersigned has reviewed the report and recommendation of Magistrate Judge Joseph 17 Spero and agrees that plaintiffs’ motion for default judgment should be GRANTED IN PART and 18 DENIED IN PART, for the reasons stated in the report, (Rep. & Rec., Dkt. No. 47). No objection 19 was received in response to the report. This order adopts the report and recommendation, except 20 that attorney’s fees will be reduced from the recommended amount of $107,221.20 to $89,351.00. 21 Plaintiffs requested $178,702.00 in attorney’s fees for work performed to obtain an entry of 22 default judgment (Mortimer Decl. ¶ 4). Judge Spero recommended a forty-percent reduction in 23 attorney’s fees “[i]n light of Facebook’s attorneys’ failure to address key issues (like website 24 translations) in their original motion, failure to achieve success on the bulk of their request for 25 statutory damages, and facially unreasonable amounts of time spent on relatively straightforward 26 phases of the case” (Rep. & Rec. 24–25). The report cited over 35 hours spent on case 27 management statements, conferences, and continuances when defendant never appeared, as well as 1 This order agrees that a reduction in attorney’s fees is appropriate and finds a further ten- 2 || percent reduction warranted, for a total reduction of fifty percent. “Counsel for the prevailing 3 party should make a good faith effort to exclude from a fee request hours that are excessive, 4 redundant, or otherwise unnecessary[.]” Hensley v. Eckerhart,

(1983). In 5 addition to the misfires and disproportionate work referenced in the report, this order points to ovet 6 || 26 hours of billing entries filed by plaintiffs’ counsel involving communications related to service 7 of process (Mortimer Exh. A). And twenty such entries — totaling 4.7 hours — involve “status” 8 || updates. This reads gratuitous. 9 The fee assessment herein considered billing entries supplied by plaintiffs’ counsel, which 10 || did not disclose work product, privileged communications, or any other sealable material (ibid.; 11 see Nelson Decl. {| 3). This order therefore denies the motion to seal previously granted by minute 12 order (Dkt. No. 46; see also FRCP 54(b)). 5 13 For the foregoing reasons, default judgment shall be separately entered for plaintiffs in the 14 amount of $199,535.44, consisting of the following amounts: (1) $100,000.00 in statutory 3 15 damages for cybersquatting; (2) $89,351.00 in attorney’s fees; and (3) $10,184.44 in costs. a 16 IT IS SO ORDERED.

|] Dated: November 22, 2022. es Aro 20 = WIELIAM ALSUP 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28