Theme Promotions, Inc. v. News America Marketing FSI, Inc.

ORDER

Plaintiff Theme Promotions, Inc. (“Theme”) seeks attorney fees, costs and interest following entry of judgment entered on June 1, 2006. Doc. # 506. The Ninth Circuit affirmed the judgment of the court and transferred Theme’s fee application on appeal to the undersigned for resolution. The parties have submitted supplemental briefing on Theme’s fee motion. Doc. # 558, 574. For the reasons set forth below, the court GRANTS Theme’s motion and awards attorney fees, court costs and postjudgment interest in the amount of $3,080,840.48 plus daily interest of $386.12 from and including June 14, 2010 to the date of payment.

The factual background and procedural history of this litigation is summarized in the October 10, 2008 amended opinion of the Ninth Circuit Court of Appeals. Theme Promotions Inc. v. News America Marketing FSI, 546 F.3d 991 (9th Cir.2008). Of primary relevance to the pending attorney fees motion, Theme filed suit alleging antitrust and other violations against News America Marketing FSI, Inc. (“News America”) on December 18, 1997. Following remand from the Ninth Circuit on Theme’s appeal from the court’s dismissal of Theme’s antitrust claims and award of summary…