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United States Olympic Committee v. Tobyhanna Camp Corporation D/B/A Camp Olympik

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 13, 2010

UNITED STATES OLYMPIC COMMITTEE, PLAINTIFF,
v.
TOBYHANNA CAMP CORPORATION D/B/A CAMP OLYMPIK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge Caputo)

MEMORANDUM

The Court previously granted in part a default motion in this matter and directed the USOC to submit evidence as to its fees and costs. The USOC has done so. The evidence is complete and detailed. Thus, the motion for attorney fees and costs will be granted in the amount requested.

A. Costs

The USOC has submitted detailed affidavits and billing statements that describe their costs as totaling $753.70. Each of these costs is allowable and the USOC will recover them.

B. Attorney Fees

Under the Lanham Act, the court, "in exceptional cases," may award "reasonable attorney fees" to the prevailing party. 15 U.S.C. § 1117(a). In its prior opinion, the Court held that this case was an "exceptional" one under the Lanham Act and directed the USOC to submit evidence of its fees. The USOC requests attorney fees in the amount of $11,779.80.

Only "reasonable" attorney fees may be awarded. A reasonable fee is one "adequate to attract competent counsel, but which does not produce windfalls to attorneys." Public Int. Research Group of N.J. v. Windall, 52 F.3d 1179, 1185 (3d Cir. 1995). To determine a reasonable fee award, courts use the lodestar method to calculate a presumptively reasonable fee. Loughner v. Univ. of Pittsburgh, 260 F.3d 173, 177 (3d Cir. 2001). This method requires that the court multiply the number of hours reasonably spent on the litigation by the reasonable hourly rate for the work completed. Hensley v. Eckerhart, 461 U.S. 424, 433 (1983).

Reasonableness is determined based on the record. Evans v. Port Authority of N.Y. & N.J., 273 F.3d 346, 361 (3d Cir. 2001). "The plaintiff bears the burden of producing sufficient evidence of what constitutes a reasonable market rate for the essential character and complexity of the legal services rendered in order to make out a prima facie case." Smith v. Philadelphia Housing Authority, 107 F.3d 223, 225 (3d Cir. 1997). Once the plaintiff has made out a prima facie case, the proposed fees may be contested with appropriate record evidence. "In the absence of such evidence, the plaintiff must be awarded attorneys' fees at her requested rate." Smith, 107 F.3d at 225 (citing Washington v. Philadelphia Cnty. Court of Common Pleas, 89 F.3d 1031, 1036 (3d Cir. 1996); Bell v. United Princeton Properties, Inc., 884 F.2d 713, 720 (3d Cir. 1989)).

The USOC has made out a prima facie case,*fn1 submitting detailed affidavits and billing statements describing the attorneys' experience, reputation, and rates. Their fees will be awarded in full.

Conclusion

The USOC has shown that it is entitled to default judgment in the amount it seeks. The Court will grant default judgment in favor of the USOC and against defendant Tobyhanna Camp Corporation in the amount of $12,533.50, consisting of $11,779.80 in attorney fees and $753.70 in costs (Doc. No. 10.). An appropriate order follows.

A. Richard Caputo United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OLYMPIC COMMITTEE, a federally chartered corporation, Plaintiff, v. TOBYHANNA CAMP CORPORATION d/b/a CAMP OLYMPIK, et al., Defendants.

(JUDGE CAPUTO)

NO. 3:10-CV-162

ORDER NOW, this 13th day of December, 2010, IT IS HEREBY ORDERED that default judgment IS ENTERED in favor of the USOC and against defendant Tobyhanna Camp Corporation in the amount of $12,533.50, which consists of $11,779.80 in attorney fees and $753.70 in costs. The clerk of court is directed to mark this case CLOSED.

A. Richard Caputo United States District Judge


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