1 

UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 2:20-CV-14159-ROSENBERG/MAYNARD 

DJ LINCOLN ENTERPRISES, INC. ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) 

 ) 

 ) 

GOOGLE, LLC ) 

 ) 

 Defendant. ) 

 ) 

PLAINTIFF’S MEMORANDUM IN OPPOSITION TO 

DEFENDANT’S MOTION FOR FEES ON APPEAL 

Plaintiff, DJ Lincoln Enterprises, Inc. (“Lincoln” or “Plaintiff”), by counsel, 

pursuant to Local Civil Rule 7.1(c), respectfully submits this Memorandum in Opposition 

to Google, LLC’s (“Google”) motion for attorney’s fees on appeal. [ECF No. 68]. 

 In response to Google’s motion for fees on appeal, Lincoln repeats the arguments 

it raised in its opposition to Google’s motion for fees in the District Court. [ECF No. 57]. 

The rates charged by Google’s four (4) appellate lawyers are astronomical and punitive. 

Google can pay these rates. It has unlimited resources. The only reasonable rate charged 

on appeal is the rate charged by Mr. Berman. The number of hours devoted by the four 

(4) Google lawyers to the appeal – an appeal that Google repeatedly calls “meritless” – is 

incredible and unreasonable under the circumstances. Google claims that it spent a total 

of 87.5 hours “brief writing”. That amounts to 10.94 eight (8) hour work days. That is 

patently excessive and unreasonable. Google also makes no attempt to allocate and 

Case 2:20-cv-14159-RLR Document 70 Entered on FLSD Docket 04/12/2022 Page 1 of 4
2 

apportion the number of hours spent on those portions of its brief that relate to the Florida 

RICO and FUDPTA claims. Instead, Google simply slashes its bloated bill in half and 

suggests to the Court that that approach is “conservative”. Google’s failure to allocate or 

apportion recoverable from unrecoverable attorney’s fees precludes the Court from 

awarding any fees. Manufacturing Automation and Software Systems, Inc. v. Hughes, 833 

Fed.Appx. 147, 149 (9th Cir. 2021) (“the district court appropriately exercised its 

discretion in denying Huysentruyt’s motion for attorney’s fees based on his failure to 

apportion fees related to the breach-of-contract claim”) (citation omitted); In re Kincaid, 

445 B.R. 731, 742-743 (N.D. Tex. 2011) (refusal to award fees for failure to allocate); 

Fair Hous. Council v. Landow, 999 F.2d 92, 97-09 (4th Cir. 1993) (overturning attorney's 

fee award of $20,000 due to failure to allocate); Ralston Oil and Gas Co. v. Gensco, Inc., 

706 F.2d 685, 697 (5th Cir. 1983) (“No apportionment or break-down of the fees for the 

attorney who participated in both parts of this case was provided. No weeding-out of the 

overlap was provided. It is therefore necessary that this portion of the case be remanded 

and that the attorneys’ fees awarded for prosecution of the sworn account be 

distinguished from those applicable to the defense of the Ralston suit.”). 

CONCLUSION AND REQUEST FOR RELIEF

 For the foregoing reasons, Lincoln respectfully requests the Court to deny 

Google’s motion for fees on appeal. 

DATED: April 11, 2022 

Case 2:20-cv-14159-RLR Document 70 Entered on FLSD Docket 04/12/2022 Page 2 of 4
3 

 DJ LINCOLN ENTERPRISES, INC. 

 By: /s/ Steven S. Biss 

 Steven S. Biss (VSB # 32972) 

 300 West Main Street, Suite 102 

 Charlottesville, Virginia 22903 

 Telephone: (804) 501-8272 

 Facsimile: (202) 318-4098 

 Email: stevenbiss@earthlink.net

 (Admitted Pro Hac Vice) 

 Jordan Reid Wagner (Florida Bar No: 14852) 

 73 SW Flagler Avenue 

 Stuart, FL 34994 

 Phone: (772) 286-0023 

 Service email: jwagner@kibbeylaw.com

 Counsel for the Plaintiff

Case 2:20-cv-14159-RLR Document 70 Entered on FLSD Docket 04/12/2022 Page 3 of 4
4 

CERTIFICATE OF SERVICE 

 I hereby certify that on April 11, 2022 a copy of the foregoing was filed 

electronically using the Court’s CM/ECF system, which will send notice of electronic 

filing to counsel for the Defendant and all interested parties receiving notices via 

CM/ECF. 

 By: /s/ Steven S. Biss 

 Steven S. Biss (VSB # 32972) 

 300 West Main Street, Suite 102 

 Charlottesville, Virginia 22903 

 Telephone: (804) 501-8272 

 Facsimile: (202) 318-4098 

 Email: stevenbiss@earthlink.net

 (Admitted Pro Hac Vice) 

 Jordan Reid Wagner (Florida Bar No: 14852) 

 73 SW Flagler Avenue 

 Stuart, FL 34994 

 Phone: (772) 286-0023 

 Service email: jwagner@kibbeylaw.com

 Counsel for the Plaintiff

Case 2:20-cv-14159-RLR Document 70 Entered on FLSD Docket 04/12/2022 Page 4 of 4