Experience Hendrix, L.L.C. v. Pitsicalis

Background

In October 2019, the Court issued opinions, orders, and permanent injunctions concerning the plaintiffs’ rights in trademarks and copyrights associated with the late musician Jimi Hendrix. The injunctions applied, among others, to defendant Leon Hendrix and corporate entities affiliated with him.

On October 19, 2020, the plaintiffs moved for civil contempt against Leon Hendrix and two non-parties to the original complaint, Tina Hendrix and Hendrix Music Academy, alleging violations of the permanent injunctions. On January 11, 2021, the Court found all three in contempt, ordered them to comply with the injunctions, and awarded the plaintiffs monetary relief for the violations it found.

As part of the contempt motion, the plaintiffs requested reimbursement for reasonable attorneys’ fees and costs incurred in enforcing the permanent injunctions, including bringing the contempt motion. The Court had already determined that an award was appropriate as to fees and costs connected with bringing that motion and directed the plaintiffs’ counsel to submit supporting documentation.

Court’s Analysis

The Court explained that it may award attorneys’ fees and costs as part of a contempt order. Such an award may compensate an injured party and restore it to the position it would have occupied if the court order had been obeyed. The Court also relied on the requirement that the alleged contemnor had actual notice of the order, could comply with it, did not seek its modification, and did not make a good-faith effort to comply. The Court had found those conditions satisfied in its earlier contempt opinion.

The Court reviewed the plaintiffs’ billing records and independently assessed the reasonableness of the requested time and expenses. It found the time entries reasonable, detailed, and apparently nonduplicative. It also found that the requested billing rates were within the range prevailing in the Southern District of New York for attorneys with similar expertise. The Court separately found the claimed personal-service expenses reasonably incurred.

Ruling

The Court ordered Leon Hendrix to compensate the plaintiffs as follows: $6,325 for Dorothy M. Weber’s work, $9,262.50 for Joseph M. Conley’s work, and $1,250 for Andrew Dunn’s work, totaling $16,837.50 in attorneys’ fees. It also ordered payment of $636.34 for personal service of the contempt papers and the Court’s October 20, 2020 order on Leon Hendrix.

The total award was $17,473.84. The Court directed the plaintiffs to promptly serve the order on Hendrix and file an affidavit confirming service. Leon Hendrix was ordered to pay the amounts within two weeks after service.