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Ntt Docomo, Inc v. Ultra D.O.O

UNITED STATES DISTRICT COURT (ECF) SOUTHERN DISTRICT OF NEW YORK


February 7, 2011

NTT DOCOMO, INC., PETITIONER,
v.
ULTRA D.O.O., RESPONDENT.

REPORT AND RECOMMENDATION

TO THE HONORABLE RICHARD M. BERMAN, U.S.D.J.

This is a proceeding to confirm an arbitration award. In a Decision & Order dated October 12, 2010, the Honorable Richard M. Berman, U.S.D.J., granted the motion of the petitioner, NTT DoCoMo, Inc. ("DoCoMo"), confirmed the award, and referred the case to me for purposes of determining the amount of costs and attorneys' fees to which DoCoMo is entitled under the agreement that governed the rights of the parties.*fn1 On January 20, 2011, DoCoMo submitted a declaration seeking fees in the amount of $123,585.32 and costs of $18,503.37. Because the respondent, Ultra D.o.o. ("Ultra") does not oppose DoCoMo's application, I recommend that it be granted in full.

Background

NTT DoCoMo has been represented throughout these proceedings by the firm of Squire, Sanders & Dempsey (US) LLP ("Squire Sanders"). In support of DoCoMo's application for fees and costs, Squire Sanders has submitted its invoices together with the underlying records showing the work performed and time billed in connection with the proceedings in this Court. (Declaration of Nathan Lane III dated Jan. 20, 2011 ("Lane Decl."), Exh. A). Because DoCoMo is a Japanese company and because the invoices were rendered by Squire Sanders' Tokyo office, the invoices were denominated in Japanese yen. The fees and disbursements charged to DoCoMo by Squire Sanders are as follows:

Invoice Date Hours Billed Fees Billed in Disbursements Yen in Yen

4/2/10 8.20 524,431.00 164,728.00

5/5/10 54.70 3,146,084.50 78,791.00

6/1/10 45.10 2,430,741.00 819,209.00

6/30/10 10.70 576,268.00 356,201.00

7/31/10 51.90 3,349,670.50 110,361.00

9/2/10 .50 10,240.00 989.00

11/3/10 12.30 719,860.50 1,800.00

TOTALS: 10,232.864.50 1,532.079.00

(Lane Decl., ¶ 5). The exchange rate as of January 14, 2011 was 82.8 Yen to 1.00 U.S. Dollar. (Lane Decl., ¶ 6). At that rate, the total fees requested are $123,585.32, and the expenses are $18,503.37. (Lane Decl., ¶ 7).

The attorneys' fees calculations are based on the following billing rates for lawyers and paralegals:

Attorney/Paralegal Rates in Yen Rates in Dollars Alborzfar, Michelle 26,995/hour $326/hour Chelberg, Stephen 65,000/hour $785/hour Green, Rudy 8,845/hour $107/hour Lane, Nathan III 63,955/hour (3/10) $772/hour (3/10) 67,485/hour (after $815/hour (after March 2010) March 2010)

Meckes, Joseph 51, 195/hour $618/hour Parilla, Joseph 20,480/hour $247/hour Skulnick, Steven 56,780/hour $686/hour (Lane Decl., ¶ 6). Squire Sanders has submitted the curriculum vitae for each of the attorneys for whom compensation is sought. (Lane Decl., Exh. B).

As noted above, Ultra does not oppose DoCoMo's fee application. (Letter of Ronald I. Israel dated Feb. 4, 2011). The records submitted by Squire Sanders are detailed, and the hours billed appear to be commensurate with the work performed and the needs of the case. Furthermore, the rates charged are consistent with rates charged for similar work in this district. Accordingly, DoCoMo should be awarded fees and expenses in the amounts requested.


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