Wareka v. Lenox Aesthetics Inc.
- James Oetken
- 1:22-cv-06213
- U.S. District Court · Southern District of New York
- 2
In Wareka v. Lenox Aesthetics, Judge Oetken granted counsel’s fee request, awarding $3,350 in fees and costs after the defendant defaulted.
Plaintiff’s counsel received an award of $3,350 in fees and costs; the order also directed closure of the motion and the case following the default judgment against the defendant.
What happened
In Wareka v. Lenox Aesthetics Inc., the court considered the plaintiff’s counsel’s request for attorney’s fees under the Copyright Act. The court had previously entered a default judgment against the defendant, making the plaintiff the prevailing party.
The court found that the defendant’s failure to defend or participate justified awarding the plaintiff full costs and attorney’s fees. It determined that counsel’s 22.7 hours of work and requested hourly rates of $250 for attorneys and $100 for support staff were reasonable.
Judge Oetken granted the motion for attorney’s fees and awarded the plaintiff’s counsel $3,350 in fees and costs. The clerk was directed to close the motion and the case.
The detailed version
- Wareka v. Lenox Aesthetics Inc. · No. 1:22-cv-06213
- James Oetken
- June 30, 2023
Background
The court considered a request for attorney’s fees filed on behalf of the plaintiff’s counsel. The court had entered a default judgment against the defendant in an earlier order. Because of that judgment, the court treated the plaintiff as the prevailing party in the action.
Legal standard and analysis
Under Section 505 of the Copyright Act, 17 U.S.C. § 505, a court may award a reasonable attorney’s fee and full costs to the prevailing party, except where the statute provides otherwise. The court found that the defendant’s failure to defend or otherwise participate in the action supported awarding the plaintiff full costs and attorney’s fees.
Plaintiff’s counsel reported spending 22.7 hours on the matter: 7.2 hours of attorney time and 15.5 hours of paralegal and support-staff time. The court performed a lodestar analysis, which calculates a fee by multiplying reasonable hours by reasonable hourly rates, and found the total time reasonable. It also found reasonable the requested rates of $250 per hour for attorneys and $100 per hour for support staff.
Ruling
The court GRANTED the motion for attorney’s fees. Plaintiff’s counsel was awarded $3,350 in fees and costs. The clerk was directed to close the motion at ECF No. 26 and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.