UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

J & J SPORTS PRODUCTIONS, INC., Case No. 1:18-cv-00489-BLW

MEMORANDUM DECISION Plaintiff, AND ORDER

v.

TAMRA AIKEN, individually, and d/b/a JENNY’S BLISS SALOON, a/k/a BLISS SALOON,

Defendant.

INTRODUCTION Pending before the Court is Plaintiff J&J Sports Productions, Inc.’s Motion for Attorneys’ Fees and Costs (Dkt. 10). Plaintiff did not respond to the motion. For the reasons set forth below, the Court will grant Plaintiff’s request for fees and cost in the amount of $3,517.50. ANALYSIS Plaintiff brought this action against Defendants for the unlawful exhibition of the Manny Pacquiao v. Timothy Bradley, JR. WBO Welterweight Championship Fight Program” (“Program”) at the establishment doing business as Jenny’s Bliss Saloon, or the Bliss Saloon, on April 9, 2016. On August 9, 2022, this Court entered default judgment in Plaintiff’s favor and allowed Plaintiff 14 days to file a motion for fees and costs, which is now pending before the Court.

mandates an award of costs and attorneys’ fees to an aggrieved party who prevails. Specifically, the section states that the Court “shall direct the recovery of full costs, including awarding reasonable attorneys' fees to an

aggrieved party who prevails.”

(e)(3)(B)(iii) (emphasis added). An “aggrieved” party “. . . shall include any person with proprietary rights in the intercepted communication by wire or radio[.]”

(d)(6). In this case, Plaintiff had the exclusive nationwide distribution rights to the Program, Gagliardi

Affidavit ¶ 3 (Dkt. No. 8-2), and thus is an aggrieved party within the meaning of

. J & J Sports Productions, Inc. v. Morales,

, *3 (E.D.Cal. Dec. 22, 2011). Based on the statutory language of section 605, Plaintiff

is entitled to full costs and reasonable attorneys’ fees. The Court also finds that the attorney fees and costs identified in counsel's affidavit in support of the motion for fees and costs are reasonable. “The starting point for determining a reasonable fee is the ‘lodestar’ figure, which is the number

of hours reasonably expended multiplied by a reasonable hourly rate.” Gates v. Deukmejian,

(9th Cir. 1992); see also See Hensley v. Eckerhart,

(1983). In determining a reasonable hourly rate, the

Court considers the “experience, skill and reputation of the attorney requesting fees,” Trevino v. Gates,

(9th Cir. 1996), as well as “the prevailing market rates in the relevant community,” Blum v. Stenson,

(1984). Once the lodestar amount is determined, the Court “then assesses whether it is necessary to adjust the presumptively reasonable lodestar figure on the basis of

the Kerr factors that are not already subsumed in the initial lodestar calculation.” Morales v. City of San Rafael,

, 363–64 (9th Cir. 1996) (footnote omitted). “There is a strong presumption that the lodestar figure represents a reasonable fee. Only in rare instances should the lodestar figure be adjusted on the

basis of other considerations.”

at 363 n. 8. (internal quotation marks and citation omitted). Here, Plaintiff seeks attorney fees in the amount of $ $2,997.50 for 10.9

hours of work completed by attorneys Daniel C. Green and Heidi Buck Morrison. Both charge $275.00 per hour, which is within the prevailing rates in this District. See Romish Holdings, LLC v. Inclusion, Inc.,

, *1 (D. Idaho June 1, 2016). Moreover, the total number of hours billed was within reasonable

limits. The Court further finds that Plaintiff’s request for $520 in costs is reasonable. Also, the Court notes that Plaintiff has not opposed the motion. Accordingly, the Court will grant the motion for costs and fees in the amount of

$2,997.50 and costs in the amount of $520. ORDER IT IS ORDERED that Plaintiff J&J Sports Productions, Inc.’s Motion for Attorneys’ Fees and Costs (Dkt. 10) is GRANTED. Defendant shall pay Plaintiff $3,517.50 in fees and costs

“a DATED: September 30, 2022 ob, } | ( ASB. Lyne Winmill Scr US. District Court Judge

MEMORANDUM DECISION AND ORDER - 4