Judge Noreika today awarded $204,261.31 in attorneys’ fees to a plaintiff in a trademark action, after the defendants fired their counsel, failed to obtain new counsel, and eventually had a default judgment entered against them.
She also awarded fees-on-fees, granting attorney fees for bringing the successful fees motion but not for a previous unsuccessful fees motion.
The previous motion was denied due to timing issues. Plaintiffs had filed it more than 14 days after the default judgment, and Judge Thynge issued an R&R holding that the 14-day fees deadline under FRCP 54 had passed.
Judge Noreika then offered the plaintiffs a second chance to file the fees motion. She ultimately disagreed with Judge Thynge, holding that the default judgment wasn't final—and therefore did not trigger the fees motion deadline—because it didn't address damages
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