National Council of The United States v. The Del Norte Council of the Society…
National Council of The United States, Society of St. Vincent de Paul, Inc. v. The Del Norte Council of the Society of St. Vincent De Paul
- Richard Seeborg
- 3:23-cv-01556
- U.S. District Court · Northern District of California
- 5
In National Council v. Del Norte Council, Judge Seeborg granted in part and denied in part a fee motion, awarding $118,396.
National Council receives $117,989.03 in attorney’s fees and $407.00 in costs; Del Norte Council must pay the total of $118,396.00.
What happened
National Council of The United States, Society of St. Vincent de Paul, Inc. v. The Del Norte Council of the Society of St. Vincent De Paul involved National Council’s request for attorney’s fees and costs after obtaining default judgment in a trademark-infringement action. National Council sought $128,299.25 under the Lanham Act.
The court found the requested hourly rates reasonable. But it found that UB Greensfelder’s billing records frequently lumped multiple tasks together, making it difficult to evaluate the time spent. The court reduced that firm’s requested fees by 10 percent, while approving Procopio’s requested fees and $407 in costs.
Judge Richard Seeborg granted in part and denied in part National Council’s fee motion. The court ordered Del Norte Council to pay National Council $117,989.03 in attorney’s fees and $407 in costs, for a total of $118,396.00.
The detailed version
- National Council of The United States v. The Del Norte Council of the Society… · No. 3:23-cv-01556
- Richard Seeborg
- Jan. 31, 2025
Background
National Council obtained default judgment against Del Norte Council in a trademark-infringement action. Relying on the Lanham Act’s fee-shifting provision, 15 U.S.C. § 1117(a), National Council moved for $128,299.25 in attorney’s fees and costs. The court had previously authorized the fee request in an August 23, 2024 order.
Legal standard
The court used the lodestar method, which calculates reasonable fees by multiplying the reasonable hours worked by a reasonable hourly rate. A fee applicant must provide sufficient billing details and show that the requested rates match prevailing market rates in the relevant community. The court may reduce a fee request when hours are excessive, redundant, unnecessary, or inadequately documented. It may also apply a reduction of up to 10 percent without a more specific explanation.
UB Greensfelder’s fees
UB Greensfelder requested $99,032.25 for 171.80 hours. The court found the firm’s hourly rates reasonable and below prevailing market rates in the Northern District of California. But the court found numerous billing entries used “block billing,” meaning they combined multiple separate tasks in a single entry without showing how much time was spent on each task.
The court cited entries concerning a pro hac vice application and work on motions for default judgment and intervention. It found that the records made it difficult to determine whether the time spent on individual tasks, or on the tasks collectively, was reasonable. The court estimated that at least 75 percent of UB Greensfelder’s time was block billed and concluded that the firm had not shown that its requested fees were reasonable. It therefore reduced the request by 10 percent, from $99,032.25 to $89,129.03.
Procopio’s fees and costs
The Procopio firm requested $28,860.00 for 44.4 hours performed by partners Melinda Morton and Victor Felix, who each billed at $650 per hour. The court found the rates reasonable and below relevant market rates. It also found the billing descriptions sufficiently detailed and awarded the full $28,860.00. The court awarded the firm’s requested $407.00 in costs.
Ruling
The court granted in part and denied in part National Council’s motion for attorney’s fees. It awarded National Council $117,989.03 in attorney’s fees and $407.00 in costs, totaling $118,396.00. The order states that Del Norte Council shall pay those amounts to National Council.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.