NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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[PROPOSED] ORDER GRANTING DEFENDANTS’

MOTION FOR ATTORNEYS’ FEES AND COSTS

CASE NO. CV06-0204JCC - 1

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

JAMES S. GORDON, Jr., a married

individual, d/b/a ‘GORDONWORKS.COM';

OMNI INNOVATIONS, LLC., a

Washington limited liability company,

Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware

corporation d/b/a

ADNOWLEDGEMAIL.COM;

ADKNOWLEDGE, INC., a Delaware

corporation, d/b/a

ADKNOWLEDGEMAIL.COM; SCOTT

LYNN, an individual; and JOHN DOES,

1-X,

Defendants.

NO. CV06-0204JCC

[PROPOSED]ORDER GRANTING

DEFENDANTS’ MOTION FOR 

ATTORNEYS’ FEES AND COSTS

THIS MATTER comes before the Court on the Motion for Attorneys’ Fees and

Costs of Defendants Virtumundo, Inc., Adknowledge, Inc., and Scott Lynn (collectively

“Defendants”). Having reviewed Defendants’ Motion for Attorneys’ Fees and Costs,

Plaintiffs’ Response, and Defendants’ Reply, and finding that oral argument is 

Case 2:06-cv-00204-JCC Document 127-2 Filed 06/19/2007 Page 1 of 3

Gordon v. Virtumundo Inc et al Doc. 127 Att. 1

Dockets.Justia.com
NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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[PROPOSED] ORDER GRANTING DEFENDANTS’

MOTION FOR ATTORNEYS’ FEES AND COSTS

CASE NO. CV06-0204JCC - 2

unnecessary, the Court GRANTS the motion.

Defendants were the prevailing party in this litigation for the purposes of 15

U.S.C. § 7706(g)(4) and Wash. Rev. Code 19.190.090(3) and are therefore entitled to

recover reasonable attorneys’ fees and costs. 

Hourly rates of $350 per hour for senior attorneys, $200 per hour for junior

attorneys, and $125 per hour for document analysis attorneys as well as the actual

number of hours Defendants’ counsel spent on this matter are reasonable in this case

considering:

1. The Experience, skill, and reputation of Defendants’ counsel, Newman &

Newman, Attorneys at Law, LLP.

2. The complex and highly technical nature of the lawsuit.

3. The substantial liability posed to Defendants by the lawsuit.

4. Defendants’ counsel’s substantial success in defending the lawsuit.

Additionally, considering the novelty and difficulty of the legal questions involved

in the case, the technical knowledge required to perform the legal service properly, the

extraordinary threat posed to the Defendants, and their total success in defending the

lawsuit, it is appropriate to adjust the award of attorneys’ fees upward by 20%.

Finally, Defendants’ costs of $26,338.02 in defending this lawsuit are reasonable. 

Defendants’ expert witness costs of $5,875 are also reasonable, especially when

considering the exceptionally technical nature of this lawsuit and the extent to which

Defendants relied on the experts’ testimony.

Therefore, Defendants’ Motion for Attorneys’ Fees and Costs is GRANTED.

The Court ORDERS that Defendants shall be awarded reasonable attorneys’ fees 

///

///

///

Case 2:06-cv-00204-JCC Document 127-2 Filed 06/19/2007 Page 2 of 3
NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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[PROPOSED] ORDER GRANTING DEFENDANTS’

MOTION FOR ATTORNEYS’ FEES AND COSTS

CASE NO. CV06-0204JCC - 3

in the amount of $509,821.50 and costs in the amount of $32,213.01.

It is HEREBY ORDERED.

DATED this ____ day of ____ 2007.

_____________________________________

UNITED STATES DISTRICT JUDGE

Presented by:

NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

By: ________________________________

Derek A. Newman, WSBA #26967

Roger M. Townsend, WSBA #25525

505 Fifth Ave South, Suite 610

Seattle, WA 98104

Phone (206) 274-2800

FAX (206) 274-2801

Attorneys for Defendants Virtumundo, Inc.; 

Adknowledge, Inc.; and, Scott Lynn

Case 2:06-cv-00204-JCC Document 127-2 Filed 06/19/2007 Page 3 of 3