Innovative Sports Management v. Martha J. Martinez Polanias

Background

On July 29, 2026, the court had entered a default judgment against defendant Martha J. Martinez Polanias, d/b/a El Cielo Bar & Grill, awarding plaintiff Innovative Sports Management, Inc. $7,000 in damages — $6,000 under 47 U.S.C. § 553 (the federal cable piracy statute) and $1,000 for conversion. Defendant never appeared in the case.

On August 11, 2026, plaintiff filed a motion for attorneys' fees and costs under 47 U.S.C. § 553(c)(2)(C), which permits a court to award reasonable attorneys' fees and full costs to a prevailing aggrieved party. Plaintiff sought $8,925 in attorneys' fees and $1,366 in costs.

Legal Standard

The court applies the "lodestar" method to calculate attorneys' fees: multiplying the number of hours reasonably expended by a reasonable hourly rate. The moving party bears the burden of proving both the hours worked and that the rate is in line with the prevailing market rate in the forum district. The lodestar is presumptively reasonable but may be adjusted if circumstances warrant.

Attorneys' Fees Analysis

Lead Attorney — Thomas P. Riley

Plaintiff's counsel Thomas P. Riley submitted a declaration and billing records showing 8 hours of his time at $750 per hour, for a requested total of $6,000. The court found both the rate and the hours reasonable. Mr. Riley has practiced law for thirty years, and the $750 rate had been approved in a prior similar case in this district. The court found his tasks — pre-complaint investigation, drafting the complaint, litigation tasks, and motion practice — justified the hours claimed, and noted he did not seek fees for clerical tasks. The court awarded the full $6,000.

Research Attorney

The billing records also reflected 9 hours by an unnamed research attorney at $325 per hour, for a requested total of $2,925. The court found the $325 hourly rate reasonable based on the attorney's credentials (J.D. from George Washington University in 1994, thirty years of practice, over fifteen years working with Mr. Riley's firm on commercial signal piracy cases, and membership in good standing in several state bars) and approval of that rate in prior cases in this district.

However, the court reduced the claimed 9 hours by one-third, to 6 hours, because the work — including the motion for clerk's entry of default, the motion for default judgment, and the present fee motion — consisted substantially of form filings that Mr. Riley's firm has used in dozens of similar piracy cases. The court cited prior decisions by courts in this district reducing hours on the same basis. The court also noted that Mr. Riley himself claimed 2.7 hours on motion practice, making additional research attorney hours for the same motions excessive. The award for research attorney time was $1,950 (6 hours × $325).

Total Attorneys' Fees

The motion for attorneys' fees was granted in part in the amount of $7,950 ($6,000 + $1,950).

Costs Analysis

Taxable Costs

Taxable costs — those listed in 28 U.S.C. § 1920 and taxed by the clerk — included the $405 complaint filing fee and $125.75 service of process charge. Plaintiff did not file a separate bill of costs as required by the district's Civil Local Rules within 14 days of judgment, which could result in waiver. However, the court exercised its discretion to award these costs anyway, noting that: (1) plaintiff's fee motion was filed within the same 14-day window; (2) the costs were adequately documented; (3) the amounts were the same as those recoverable through a bill of costs; and (4) defendant had not appeared and could not claim prejudice. Other courts in the circuit have similarly excused the procedural failure where costs were well-documented in a fee motion. The court awarded $530.75 in taxable costs.

Nontaxable Expenses — Investigative Costs

Plaintiff also sought $750 for pre-filing investigative expenses, representing payment to an investigative firm that reportedly entered defendant's establishment on October 15, 2024, to determine whether defendant was unlawfully exhibiting a Colombia v. Chile soccer match. The suit was filed on October 10, 2025.

The court noted that district courts in the Ninth Circuit are split on whether pre-filing investigative expenses are recoverable as nontaxable expenses. Those courts allowing such expenses have required information about the investigator's time spent, hourly rate, and qualifications. Here, plaintiff's counsel provided only the investigator's invoice without sufficient supporting detail. The court denied the $750 investigative expense request.

Total Costs

The motion for costs was granted in part in the amount of $530.75.

Disposition

The motion for attorneys' fees and costs was granted in part and denied in part. Plaintiff was awarded $7,950 in attorneys' fees and $530.75 in costs, for a total award of $8,480.75. The previously scheduled hearing was vacated.