Prunty v. Vivendi

195 F. Supp. 3d 107, 2016 U.S. Dist. LEXIS 85901, 2016 WL 3659889
District Court, District of Columbia·Decided July 1, 2016·No. Civil No. 1:14-cv-02073 (APM)·Published·Cited by 8 cases

Opinion

MEMORANDUM OPINION

Amit P. Mehta, United States District Judge

I. INTRODUCTION

After prevailing on their Motion to Dismiss Plaintiffs Amended Complaint, Defendants Vivendi SA, UMG Recordings, Inc., and The Island Def Jam Music Group have moved for an award of attorney’s fees as to two categories of Plaintiffs claims: (1) his civil rights claims and (2) his copyright infringement claims. Defendants also seek an award for fees incurred in filing their Motion for Attorneys’ Fees. The court has carefully scrutinized Defendants’ Motion along with the supporting evidence. For the reasons explained below, it grants in part and denies in part Defendants’ Motion for Attorneys’ Fees and orders Defendant to pay $18,292.32.

II. BACKGROUND

Briefly, the relevant facts are as follows. Plaintiff Robert R. Prunty filed a five-count 1 Amended Complaint against Defendants. Am. Compl., ECF No. 6. In Counts Four and Five, he asserted claims under two civil rights statutes, 42 U.S.C. § 1982 and 42 U.S.C. § 1985. The basic premise of those claims was that an adverse decision in a case before another judge of this court, Prunté v. Universal Music Grp., 699 F.Supp.2d 15 (D.D.C.2010), was the product of racial animus, in which Defendants conspired. See Mem. Op., ECF No. 28, at 2. In Counts Three and Six, Plaintiff advanced common law claims of fraud, alleging that Defendants also had conspired with the judge in Prunté to conceal the judge’s alleged financial interests in Defendants Vivendi SA and UMG Recordings, Inc. Id. Finally, in Count Two, Plaintiff claimed that Defendants infringed his copyright to the lyrics of a particular song in violation of the Copyright Act, 17 U.S.C. §§ 101 et seq. Id.

The court granted Defendants’ Motion to Dismiss the Amended Complaint in its entirety. See Mem. Op, ECF No. 28; Prunty v. Vivendi, 130 F.Supp.3d 385 (D.D.C. 2015). Defendants then filed a Motion for Attorneys’ Fees, arguing that, as the prevailing parties, they are entitled to an award of fees incurred in defending against Plaintiffs two civil rights claims and his single copyright claim. Mot. for Attorneys’ Fees, ECF No. 30 [hereinafter Defs.’ Mot.], at 1-2. Defendants also seek to recover attorney’s fees arising out the fees petition that is now before the court. Id. at 1 n. 1; Defs.’ Reply Mem. in Supp. of Defs.’ Mot. for Attorneys’ Fees, ECF No. 36 [hereinafter Defs.’ Reply], at 7.

III.DISCUSSION

Defendants’ Motion requires the court to resolve two issues. First, the court must determine the claims, if any, on which Defendants are entitled to an award of attorney’s fees. Second, if a fees award is appropriate, the court must determine the proper amount.

[111] A. Defendants Need Not Have First Filed a Motion Under Rule 11

Before turning to the specific statutory grounds for an award of fees, the court takes up a threshold issue raised by Plaintiff. He argues, in essence, that Defendants are'precluded from seeking an award of attorney’s fees because they did not first file a motion for sanctions under Federal Rule of Civil Procedure 11. See PL’s Mot. in Opp’n to Defs.’ Mot. for Attorneys’ Fees, EOF No. 33 [hereinafter Pl.’s Opp’n], at 4-5. There is, however, no such pre-filing requirement. Rule 54(d) clearly states that “[a] claim for-attorney’s fees ... must be made by motion” that specifies “the ... statute, rule, or other grounds entitling the movant to an award.” Fed. R. Civ. P. 54(d)(2)(B)(ii). Rule 54 contains no requirement that, as a precursor to seeking fees, a party must first file a motion under Rule 11. Nor would such a requirement make sense in light of the text of the Rule 54(d), which plainly provides that fees may be sought under a “statute” or a “rule.” Fed. R. Civ. P. 54(d)(2)(B)(ii). Therefore, the court rejects Plaintiffs assertion that Defendants’ Motion should be denied because they did not first file a motion under Rule 11.

B. Grounds for an Attorney’s Fee Award

1. Civil Rights Claims

Under 42 U.S.C. § 1988(b), a court may allow the “prevailing party” “[i]n any action or proceeding to enforce,” as relevant here, Sections 1982 and 1985, “a reasonable attorney’s fee.” The awarding of fees is limited to prevailing plaintiffs. Congress enacted the statute in part; to “protect defendants from burdensome litigation having no legal or. factual basis.” Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 420, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978). Defendants in such civil rights actions can collect fees under Section 1988 “upon a finding that the plaintiffs action was frivolous, unreasonable, or without foundation.” Id. at 421, 98 S.Ct. 694.

Here, Defendants’ entitlement- to fees is clear. In dismissing Plaintiff s ■ civil rights claims, the court found those claims to- be “fanciful,” “fantastic,” and “factually frivolous.” Mem. Op. at 3. Defendants easily have satisfied the prevailing-party standard under Christiansburg Garment. Accordingly, Defendants are entitled to attorney’s fees incurred in defending Plaintiffs statutory civil rights claims.

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Prunty v. Vivendi, 195 F. Supp. 3d 107, 2016 U.S. Dist. LEXIS 85901, 2016 WL 3659889 (D.D.C. 2016).

195 F. Supp. 3d 107 (Prunty v. Vivendi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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