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MISTER SOFTEE, INC. v. VALDEZ

United States District Court, Southern District of New York


May 6, 2003

MISTER SOFTEE, INC., PLAINTIFF, AGAINST MANUEL VALDEZ, ETC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

Plaintiff has moved for a default judgment of permanent injunction and for attorney's fees and disbursements of $38,324.11. The Court writes only to explain its action with respect to the attorney's fee application.

The plaintiff is entitled to a reasonable attorney's fee pursuant to 15 U.S.C. § 1117(a) in view of the obviously wilful infringement. The problem is the amount.

As noted, the application seeks $38,324.11. The affidavit of Leonard Tartamella, however, seeks less than $11,000 and purports to attach invoices to plaintiff for the law firm's services. No invoices are attached. The attachment instead is a retyped list of time entries, most of which appear to pertain to a different case before Judge Spatt in the Eastern District of New York. In consequence, the moving papers afford no basis for any reasoned decision. The Court nevertheless fixes $5,000 as a reasonable fee based upon its familiarity with the matter and with litigation of this nature.

SO ORDERED.

20030506

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