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Uckardesler v. Kaza Azteca America

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


July 30, 2010

LUFTU MURAT UCKARDESLER, GLOBAL AGENCY, LTD. PLAINTIFFS,
v.
KAZA AZTECA AMERICA, INC., DBA AZTECA AMERICA, PROMOFILMS US LLC, AND DOES 1 THROUGH 10, DEFENDANTS.

The opinion of the court was delivered by: Honorable John F. Walter

[REVISED PROPOSED] ORDER ON DEFENDANT PROMOFILM US, LLC'S MOTION FOR AN AWARD OF ATTORNEY'S FEES [17 USC § 505; F.R.Civ.P. 54(d)(2)]

Date: July 12, 2010

Courtroom: 16 Having considered Defendant Promofilm US, LLC's ("Promofilm") motion pursuant to 17 USC § 505 and F.R.Civ.P. 54(d)(2)for an award of the reasonable attorney's fees and non-taxable costs incurred in its successful defense of the Complaint, the papers filed by the parties in support of, and in opposition to, the motion, and the argument of counsel, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

1. Promofilm is a prevailing party in this copyright infringement action, having been granted Summary Judgment; under the Copyright Act, 17 USC §505, and the cases interpreting the Act, Promofilm is entitled to an award of reasonable attorney's fees (including litigation-related non-taxable costs) based upon the factors delineated in Fantasy, Inc. v. Fogerty, 94 F.3d 553 (9th Cir. 1996) and Fogerty v. Fantasy, Inc., 510 U.S. 517, 114 S.Ct. 1023, 127 L.Ed. 2d 455 (1994); and the fees incurred by Promofilm in defending this action are reasonable; and

2. By reason of the foregoing, Promofilm is awarded reasonable attorney's fees (including litigation-related non-taxable costs) in the amount of $273,840.40 against Plaintiffs Luftu Murat Uckardesler (also known as Lutfu Murat Uckardesler) and Global Agency, Ltd., jointly and severally.

20100730

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