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

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 ...


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