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Plaintiff’s Application for 

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CV-08-4050 (MMC) 

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D. GILL SPERLEIN (172887) 

THE LAW OFFICE OF D. GILL SPERLEIN 

584 Castro Street, Suite 879 

San Francisco, California 94114 

Telephone: (415) 404-6615 

Fax: (415) 404-6616 

gill@sperleinlaw.com

Attorney for Plaintiff 

IO GROUP, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

IO GROUP, INC. d/b/a TITAN 

MEDIA, a California corporation, 

Plaintiff,

 vs. 

ANTELOPE MEDIA, LLC et al.,

 Defendants. 

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CASE NO.: CV-08-4050 (MMC) 

PLAINTIFF’S IO GROUP’S NOTICE OF 

MOTION AND MOTION FOR COSTS AND 

ATTORNEY’S FEE AWARD; AND 

[PROPOSSED] ORDER 

Date: July 16, 2010 

Time: 9:00 am 

CtRm: 7, 19th Fl.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 

PLEASE TAKE NOTICE that Plaintiff moves the Court for reasonable attorney fees under 

17 U.S.C. ¶ 505 and Local Civil Rule 54-5. On July 16, 2010 at 9:00 a.m. or as soon 

thereafter as this matter may be heard by the above-entitled court, located at 450 Golden 

Case 3:08-cv-04050-MMC Document 116 Filed 07/08/10 Page 1 of 4
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Plaintiff’s Application for 

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Gate Avenue, San Francisco, California, 94102, Plaintiff Io Group, Inc. will present its 

Motion for Costs and Attorney’s Fee Award against all Defendants.

POINTS AND AUTHORITIES 

 By Order on May 28, 2010 the Court awarded Plaintiff full costs, including 

attorney’s fees, pursuant to 17 U.S.C. §505 and directed Plaintiff to file a motion for costs 

and fees no later than 14 days from the entry of the judgment. The Clerk entered judgment 

on June 1, 2010. 

The Copyright Act provides that, in civil copyright actions, the Court may, at its 

discretion, "award a reasonable attorney's fee to the prevailing party as part of the costs. 

17 U.S.C. § 505. “In deciding whether to award fees under the Copyright Act, the Court 

shall consider the following factors: the degree of success obtained on the claim; 

frivolousness; motivation; objective reasonableness of factual and legal arguments; and 

need for compensation and deterrence.” Cadkin v. Bluestone, 2007 U.S. Dist. LEXIS 

83582 *1 (C.D. Cal. Apr. 9, 2007), citing, Jackson v. Axton, 25 F.3d 884, 890 (9th Cir. 

1994). Plaintiff was entirely successful on its claims, its motives were just, it arguments 

reasonable and the need for deterrence is great. 

Since the Court awarded fees and cost, the purpose of this motion is simply to 

establish a reasonable amount for the award. 

 As set forth fully in the accompanying Declaration of D. Gill Sperlein in support of 

this Motion, Plaintiff is entitled to recover $8,990.00 in attorney fees.1

 (Sperlein Decl. at 

 

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 Plaintiff only seeks fees for work preformed after November 1, 2009. 

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Plaintiff’s Application for 

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¶7; Ex. A.) Plaintiff’s counsel carefully tracked billable hours. (Id.) Plaintiff’s counsel is 

well qualified and has considerable experience in this field of the law. (Id. at ¶¶ 2 and 3.)

The rates charged by Plaintiff’s counsel, if anything are lower than the average litigation 

counsel in the San Francisco Bay Area. (Id. at ¶ 5.) The amount of time spent on each 

task was also reasonable. Accordingly, Plaintiff seeks an award of attorney’s fees in the 

amount of $$8,990.00. 

 Plaintiff seeks costs in the amount of $350 for the filing fee and $1,158.67 for costs 

relating to service of process including process server fees, mailing fees and other related 

expenses for a total of $1,508.67. (Id. at ¶ 8; Ex. B and C.)

 Plaintiff submits this matter on the record before the Court and consents to have the 

motion ruled upon without oral argument. 

CONCLUSION

 Plaintiff’s request for attorney’s fees is reasonable. 

Respectfully Submitted,

Dated: June 7, 2010 /s/ D. Gill Sperlein 

 ______________________________ 

 GILL SPERLEIN 

 GENERAL COUNSEL, IO GROUP, INC. 

 Attorney for Plaintiff Io, Group, Inc. 

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Plaintiff’s Application for 

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[PROPOSED] ORDER 

 Having fully considered Plaintiff’s Motion for Attorney’s Fees and the Declarations and 

Exhibits in support thereof and reviewing the record, the Court GRANTS the Motion and awards 

attorney’s fees in the amount of $8,990.00 and costs in the amount of $1,508.67.

DATED:____________________________ _________________________________ 

 Maxine M. Chesney 

United States District Judge

^

and no opposition having been filed,

The July 16, 2010 hearing is hereby VACATED.

July 8, 2010 /s/ Susan Illston for

Case 3:08-cv-04050-MMC Document 116 Filed 07/08/10 Page 4 of 4