Berry v. Hawaiian Express Ser, et al

MOTION for Attorney Fees and Full Costs

D. Haw.March 15, 2006

LYNCH ICHIDA THOMPSON KIM & HIROTA WESLEY W. ICHIDA 1079-0 TIMOTHY J. HOGAN 5312-0 1132 Bishop Street, Suite 1405 Honolulu, Hawaii 96813 Tel. No. (808) 528-0100 Fax No. (808) 528-4997 E-mail: tjh@loio.com Attorney for Plaintiff WAYNE BERRY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII WAYNE BERRY, a Hawaii citizen; Plaintiff, vs. HAWAIIAN EXPRESS SERVICE, INC., a California corporation; et al. Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) Civ. No. CV03 00385 SOM-LEK (Copyright) PLAINTIFF WAYNE BERRY’S MOTION FOR AWARD OF ATTORNEY’S FEES AND FULL COSTS PLAINTIFF WAYNE BERRY’S MOTION FOR AWARD OF ATTORNEYS’ FEES AND FULL COSTS COMES NOW, Plaintiff Wayne Berry (“Plaintiff”), by and through his undersigned counsel and hereby moves this Honorable Court for an award of Case 1:03-cv-00385-DAE-LEK Document 858 Filed 03/15/2006 Page 1 of 3 2 attorneys’ fees and full costs. This Motion is brought on the grounds that Plaintiff has prevailed in his claim of copyright infringement and has been awarded damages as the prevailing party and therefore is entitled, subject to the Court’s discretion, to an award of attorneys’ fees and costs. A. Judgement The Jury Verdict was filed on March 7, 2006. The Court entered final judgment on March 9, 2006. B. Statutory Authority Plaintiff is entitled to an award of attorneys fees and costs pursuant to the Copyright Act, 17 U.S.C. § 505. C. Amount of Attorneys Fees The total amount of attorneys fees sought is $600,000. D. Full Costs The total amount of costs is $108,622.25. This Motion is brought pursuant to 17 U.S.C. § 505 and Fed. R. Civ. P. 7 & 54 and L.R. 54.3 and is supported by the attached Declaration of counsel and the Exhibits attached thereto and all the records of this case, all of which are incorporated by this reference. DATED: Honolulu, Hawai’i, March 15, 2006. Case 1:03-cv-00385-DAE-LEK Document 858 Filed 03/15/2006 Page 2 of 3 3 /s/ Timothy J. Hogan TIMOTHY J. HOGAN Attorney for Plaintiff WAYNE BERRY Case 1:03-cv-00385-DAE-LEK Document 858 Filed 03/15/2006 Page 3 of 3