Guerrero
Innovative Sports Management, Inc. d/b/a Integrated Sports Media v. Guerrero
Opinion
Trial Court Opinion
INTRODUCTION
19 A prior order granted plaintiff Innovative Sports Management, Inc. default judgment and 20 an award of $9,050 against defendants Jeanette Ruiz Arias and 818 Sports Bar & Grill, Inc. for 21 their pirated broadcast of a soccer game in violation of 47 U.S.C. § 553. That order also 22 granted plaintiff leave to move for reasonable attorney’s fees, and plaintiff now moves for an 23 award of $10,291.90 in attorneys’ fees and $3,379.77 in costs (Dkt. No. 32).
ANALYSIS
25 “Awarding attorney’s fees under Section 553, however, is discretionary.” J & J Sports 26 Prods., Inc. v. Magat, No. C 11-01149 WHA, 2011 WL 4831206, at *4 (N.D. Cal. Oct. 12, 27 2011). This is because the express language of the statute says reasonable attorney’s fees “may” be awarded to the prevailing aggrieved party. See 47 U.S.C. § 553(c)(2). In this circuit, there are two primary methods to calculate attorney[’s] fees: the lodestar method and the percentage-of- recovery method. . . . Under the percentage-of-recovery method, the attorney[’s] fees equal some percentage of the common settlement fund; in this circuit, the benchmark percentage…