Baskin-Robbins Franchising LLC v. Chun
- Beth Freeman
- 5:18-cv-05476
- U.S. District Court · Northern District of California
- 7
In Baskin-Robbins v. Chun, Judge Freeman granted plaintiffs’ fee motion, awarding $33,620 in fees and $858.25 in costs.
Baskin-Robbins Franchising LLC and BP IP LLC received an award of $33,620.00 in attorneys’ fees and $858.25 in costs against Alan A. Chun.
What happened
Baskin-Robbins Franchising LLC and BP IP LLC sued Alan A. Chun over alleged franchise-agreement violations, trademark infringement, and unfair competition. Chun did not appear, and the court previously entered a $125,423.61 judgment for the plaintiffs and found that an award of attorneys’ fees and costs was warranted.
The plaintiffs requested $33,620 in attorneys’ fees and $858.25 in costs. The court reviewed the lawyers’ hourly rates, the 72 hours billed, and documentation supporting filing and service-of-process costs. It found the rates and hours reasonable and found no basis to reduce the requested amounts.
Judge Beth Labson Freeman granted the motion. The order awarded the plaintiffs $33,620.00 in attorneys’ fees and $858.25 in costs, for a total of $34,478.25, and allowed them to submit a proposed amended judgment reflecting the award.
The detailed version
- Baskin-Robbins Franchising LLC v. Chun · No. 5:18-cv-05476
- Beth Freeman
- Oct. 17, 2019
Background
Baskin-Robbins Franchising LLC and BP IP LLC sued Alan A. Chun in connection with alleged breach of a franchise agreement, trademark infringement, and unfair competition. The opinion states that Chun failed to appear. In July 2019, the court granted in part and denied in part the plaintiffs’ motion for default judgment, entered a permanent injunction, and entered judgment for the plaintiffs in the amount of $125,423.61.
The franchise agreement required Chun to pay damages, interest, costs, and expenses upon default. The court had already determined under 15 U.S.C. § 1117(a) that an award of attorneys’ fees and costs was warranted. The remaining issue was whether the amounts the plaintiffs requested were appropriate.
Attorneys’ Fees
The plaintiffs sought $33,620.00 in attorneys’ fees. Their lawyers reported 72 hours of work: Charles Vincent Maloney spent 2 hours at $475 per hour; Barry G. Stratford spent 50.4 hours at $475 per hour; and Catherine N. Grech spent 19.6 hours at rates ranging from $375 to $475 per hour.
The court applied the lodestar method, which generally calculates fees by multiplying the reasonable hours worked by a reasonable hourly rate. It found that the rates were reasonable compared with rates for similar commercial and business litigation in the Northern District of California. It also found that the 72 hours were reasonable in light of the work performed, including preparing the complaint, pursuing default judgment, preparing the fee motion, and managing the case.
The court found no evidence that the billed work was redundant, excessive, or unnecessary, and it declined to reduce or otherwise adjust the requested lodestar amount. It therefore granted the motion as to the attorneys’ fees.
Costs
The plaintiffs sought $858.25 in costs, supported by a bill of costs and documents such as receipts, invoices, and bank statements. The costs consisted of $400.00 in filing and docket fees and $458.25 in service-of-process fees. The court found the requested costs reasonable and granted the motion as to costs.
Disposition
Judge Beth Labson Freeman ordered that the plaintiffs recover $33,620.00 in attorneys’ fees and $858.25 in costs, totaling $34,478.25. The plaintiffs could submit a proposed amended judgment reflecting this award.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.