Re: Blowhard Bradley Kuhn and his fraud

[Alexander Terekhov]

RJack wrote:
> 
> Best Buy Inc. has just filed a 28 page (available on PACER) Memorandum
> of Law in Opposition to Plaintiff's Motion for Preliminary Injunction.

How much is that in attoney's fees and costs? 

Judging from the JMRI case it's quite a penny:

http://jmri.sourceforge.net/k/docket/111.pdf

"In this matter, Defendants Katzer and KAM declare that they have incurred 
$20,782.58,
inclusive of $450.68 in expenses as a result of researching, filing and arguing 
the anti-SLAPP
special motion to strike. (Declaration of R. Scott Jerger in support of his 
motion for attorney’s
fees (“Jerger Decl.”), ¶ 3.) Counsel explains that he spent a total of 59.8 
hours preparing the
motion papers related to the special motion to strike. (Id., ¶ 4(a)-(c).) He 
also contends that he
spent a total of 28.4 hours preparing for and attending the court hearing on 
the special motion
and further alleges that such time was spent exclusively on this motion, and 
not the other
pending motions or the case management conference. (Id., ¶ 4(d); Defendants 
Katzer and
KAM’s Reply to Plaintiff’s Objections at 2.) The Court finds this additional 
court attendance
estimate to be excessive and reduces the estimate for time spent on the hearing 
of the special
motion to 4 hours. Therefore, the Court awards fees to counsel for Katzer and 
KAM in the
amount of $14,036 (for 63.8 hours at an hourly rate of $220). The Court also 
awards costs in
the amount of $450.68. Therefore, the total amount owing to Katzer and KAM is 
$14,486.68.

Additionally, Defendant Russell declares that he has incurred a total of 
$43,491.25 in
attorney’s fees as a result of researching, filing and arguing the anti-SLAPP 
special motion to
strike. (Declaration of David M. Zeff in support of award of attorney’s fees 
(“Zeff Decl.”), ¶ 6;
Defendant Russell’s Reply to Plaintiff’s Objection at 5.) This estimate 
includes 84.55 hours of
time at a rate of $235 per hour for Mr. Moore’s services and 67.35 hours at a 
rate of $300 per
hour for Mr. Zeff’s services, plus an additional 4.2 hours billed by Mr. Moore 
and an additional
8.1 hours billed by Mr. Zeff in connection with reviewing Plaintiff’s 
objections and researching
and drafting a reply. (Zeff Decl., ¶¶ 2, 5; Reply at 5; Declaration of David M. 
Zeff in reply to
objections, ¶¶ 4, 5.) Mr. Zeff also explains that he includes some, but not 
all, of the time he and
Mr. Moore spent on the motion to dismiss because some of the substantive issues 
in the special
motion to strike overlap. The Court finds this unpersuasive as the motion to 
dismiss was a
stand-alone motion and only fees incurred due to the filing of the special 
motion to strike are
recoverable. See Lafayette Morehouse, Inc., 39 Cal. App. 4th at 1383. The Court 
also finds it
unreasonable that two attorneys, billing at comparable rates, were necessary to 
complete the
same tasks it took a single attorney to complete for Defendants Katzer and KAM. 
Therefore,
the Court will only take into consideration the fees incurred by Mr. Zeff and 
reduce that amount
by twenty-five percent because the Court cannot award fees for time incurred on 
unrelated
motions. Therefore, the total amount owing to Defendant Russell is $16,976.25 
(75.45 hours
reduced by 25% at an hourly rate of $300)."

Here's another example:

http://www.pryorcashman.com/f-18.html

"Pannonia Farms Inc. v. USA Cable, 2004 U.S. Dist. LEXIS 23015 (S.D.N.Y. 2004), 
aff’d, 426 
F.3d 650 (2d Cir. 2005): Obtained summary judgment dismissing claims involving 
television 
motion picture A Case of Evil and ownership of rights to fictional characters 
Sherlock 
Holmes and Dr. Watson; affirmed on appeal. Also obtained award of over $100,000 
in 
attorneys’ fees and an additional $25,000 in sanctions against plaintiff’s 
counsel. "

regards,
alexander.

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