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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 3:19-cv-01713-BAS-AHG Document 35 Filed 06/05/20 PageID.305 Page 1 of 2 1 THEODORE J. BOUTROUS JR., SBN 132099 [email protected] 2 THEANE EVANGELIS, SBN 243570 [email protected] 3 NATHANIEL L. BACH, SBN 246518 [email protected] 4 MARISSA B. MOSHELL, SBN 319734 [email protected] 5 GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue 6 Los Angeles, CA 90071-3197 Telephone: 213.229.7000 7 Facsimile: 213.229.7520 8 SCOTT A. EDELMAN, SBN 116927 [email protected] 9 GIBSON, DUNN & CRUTCHER LLP 2029 Century Park East, Suite 4000 10 Los Angeles, CA 90067-3026 Telephone: 310.552.8500 11 Facsimile: 310.551.8741 12 Attorneys for Defendants Rachel Maddow, MSNBC Cable L.L.C., NBCUniversal Media, 13 LLC, and Comcast Corporation 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 HERRING NETWORKS, INC., CASE NO. 19-cv-1713-BAS-AHG 18 Plaintiff, DEFENDANTS’ NOTICE OF 19 MOTION AND MOTION FOR v. ATTORNEYS’ FEES AND COSTS 20 (Cal. Civ. Proc. Code § 425.16(c)(1)) RACHEL MADDOW; COMCAST 21 CORPORATION; NBCUNIVERSAL [Memorandum of Points and Authorities; MEDIA, LLC; and MSNBC CABLE and Declaration of Scott A. Edelman filed 22 L.L.C., concurrently herewith] 23 Defendants. COURT TO ISSUE BRIEFING SCHEDULE AND HEARING DATE 24 Action Filed: September 9, 2019 25 Judge: Hon. Cynthia Bashant 26 Magistrate Judge: Hon. Allison Goddard Courtroom 3B 27 28 Gibson, Dunn & Crutcher LLP DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEYS’ FEES AND COSTS Case 3:19-cv-01713-BAS-AHG Document 35 Filed 06/05/20 PageID.306 Page 2 of 2 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that as soon as the matter may be heard upon Court 3 order in the United States District Court for the Southern District of California, 221 4 West Broadway, Courtroom 3B, San Diego, CA 92101, before the Honorable 5 Magistrate Judge Allison Goddard, Defendants Rachel Maddow, Comcast 6 Corporation, NBCUniversal Media, LLC, and MSNBC Cable L.L.C. (collectively, 7 “Defendants”), as the prevailing party on their Special Motion to Strike (Dkt. 18) and 8 pursuant to the Court’s May 22, 2020 Order granting the Special Motion to Strike 9 (Dkt. 30) will and hereby do move for attorneys’ fees in the amount of $323,965 and 10 costs in the amount of $9,706.28 pursuant to California Code of Civil Procedure 11 section 425.16(c)(1). 12 This Motion is based on this Notice of Motion and Motion, the accompanying 13 Memorandum of Points and Authorities, the Declaration of Scott A. Edelman in 14 support of the Motion, upon any such further arguments that the Court may request, 15 and upon the complete files and records of this action. 16 This Motion is made following the conference of counsel that took place on 17 May 28, 2020. 18 19 DATED: June 5, 2020 Respectfully Submitted, 20 21 GIBSON, DUNN & CRUTCHER LLP 22 23 By: /s/ Scott A. Edelman _ 24 Scott A. Edelman 25 Attorneys for Defendants 26 27 28 Gibson, Dunn & 1 Crutcher LLP DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEYS’ FEES AND COSTS Case 3:19-cv-01713-BAS-AHG Document 35-1 Filed 06/05/20 PageID.307 Page 1 of 19 1 THEODORE J. BOUTROUS JR., SBN 132099 [email protected] 2 THEANE EVANGELIS, SBN 243570 [email protected] 3 NATHANIEL L. BACH, SBN 246518 [email protected] 4 MARISSA B. MOSHELL, SBN 319734 [email protected] 5 GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue 6 Los Angeles, CA 90071-3197 Telephone: 213.229.7000 7 Facsimile: 213.229.7520 8 SCOTT A. EDELMAN, SBN 116927 [email protected] 9 GIBSON, DUNN & CRUTCHER LLP 2029 Century Park East, Suite 4000 10 Los Angeles, CA 90067-3026 Telephone: 310.552.8500 11 Facsimile: 310.551.8741 12 Attorneys for Defendants Rachel Maddow, MSNBC Cable L.L.C., NBCUniversal Media, 13 LLC, and Comcast Corporation 14 UNITED STATES DISTRICT COURT 15 SOUTHERN DISTRICT OF CALIFORNIA 16 17 HERRING NETWORKS, INC., CASE NO. 19-cv-1713-BAS-AHG 18 Plaintiff, MEMORANDUM OF POINTS AND 19 AUTHORITIES IN SUPPORT OF v. DEFENDANTS’ MOTION FOR 20 ATTORNEYS’ FEES AND COSTS RACHEL MADDOW; COMCAST (Cal. Civ. Proc. Code § 425.16(c)(1)) 21 CORPORATION; NBCUNIVERSAL MEDIA, LLC; and MSNBC CABLE COURT TO ISSUE BRIEFING 22 L.L.C., SCHEDULE AND HEARING DATE 23 Defendants. Action Filed: September 9, 2019 24 Judge: Hon. Cynthia Bashant Magistrate Judge: Hon. Allison Goddard 25 Courtroom 3B 26 27 28 Gibson, Dunn & Crutcher LLP MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS Case 3:19-cv-01713-BAS-AHG Document 35-1 Filed 06/05/20 PageID.308 Page 2 of 19 1 TABLE OF CONTENTS 2 Page 3 I. INTRODUCTION ................................................................................................ 1 4 II. FACTUAL AND PROCEDURAL BACKGROUND ......................................... 1 5 A. Plaintiff Files Its Complaint and Defendants Retain Gibson Dunn ........... 1 6 7 B. Defendants’ Counsel Prepares to File the Anti-SLAPP Motion ................ 2 8 C. Plaintiff Opposes Defendants’ Anti-SLAPP Motion With Improper Expert Testimony and Files An Ex Parte Application to Supplement 9 the Record .................................................................................................. 3 10 D. The Court Hears Argument on Defendants’ Motion to Strike and 11 Plaintiff’s Ex Parte Application to Supplement the Record ...................... 4 12 E. The Court Grants Defendants’ Motion to Strike and Dismisses 13 Plaintiff’s Complaint With Prejudice ......................................................... 4 14 III. ARGUMENT ........................................................................................................ 5 15 A. As the Prevailing Party on Their Anti-SLAPP Special Motion to 16 Strike, the Court Must Award Defendants Their Fees and Costs. ............. 5 17 B. Defendants Seek Reasonable Attorneys’ Fees. .......................................... 6 18 1. The Hours For Which Defendants Seek to Recover Fees Were Reasonable and Necessary to Vindicate Defendants’ 19 Rights. .............................................................................................. 8 20 2. The Requested Attorney Billing Rates Are Reasonable. ............... 10 21 IV. CONCLUSION .................................................................................................. 14 22 23 24 25 26 27 28 Gibson, Dunn & i Crutcher LLP MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS Case 3:19-cv-01713-BAS-AHG Document 35-1 Filed 06/05/20 PageID.309 Page 3 of 19 1 TABLE OF AUTHORITIES 2 Page(s) 3 Cases 4 Blackburn v. ABC Legal Servs., Inc., 5 No. 11-cv-01298, 2012 WL 1067632 (N.D. Cal. Feb. 24, 2012) .............................. 6 6 Chalmers v. City of Los Angeles, 7 796 F.2d 1205 (9th Cir. 1986) .................................................................................. 10 8 Christie v. Lester, 9 No. 14-08993, 2015 WL 13439821 (C.D. Cal. June 15, 2015) ............................. 6, 8 10 Clifford v. Trump, 11 No. 18-06893, 2018 WL 6519029 (C.D. Cal. Dec. 11, 2018) ................................... 7 12 Graham-Sult v. Clainos, 756 F.3d 724 (9th Cir. 2014) .............................................................................. 5, 6, 7 13 14 In re High-Tech Employee Antitrust Litig., No. 11-cv-02509, 2015 WL 5158730 (N.D. Cal. Sept. 2, 2015) ............................. 13 15 Hill v. Berryhill, 16 No. 16-2426, 2018 WL 4039912 (C.D. Cal. Aug. 22, 2018) ................................... 12 17 Kearny v. Foley & Lardner, 18 553 F. Supp. 2d 1178 (S.D. Cal. 2008) ...................................................................... 5 19 Ketchum v. Moses, 20 24 Cal. 4th 1122 (2001) .................................................................................. 5, 6, 7, 8 21 Makaeff v. Trump University, LLC, 22 No. 10-cv-940, 2015 WL 1579000 (S.D. Cal Apr. 9, 2015) .................................... 10 23 Masimo Corp v. Tyco Health Care Grp., L.P., No. 02-4770, 2007 WL 5279897 (C.D. Cal. Nov. 5, 2007) ..................................... 13 24 25 Max Sound Corp. v. Google, Inc., No. 14-cv-04412, 2017 WL 4536342 (N.D. Cal. Oct. 11, 2017) ............................. 12 26 Metabolife Int’l, Inc. v. Wornick, 27 213 F. Supp. 2d 1220 (S.D. Cal. 2002) .................................................................. 5, 7 28 Gibson, Dunn & ii Crutcher LLP MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES AND COSTS Case 3:19-cv-01713-BAS-AHG Document 35-1 Filed 06/05/20 PageID.310 Page 4 of 19 1 TABLE OF AUTHORITIES 2 (continued) 3 Page(s) 4 Nitsch v. DreamWorks Animation SKG Inc., 5 No. 14-cv-04062, 2017 WL 2423161 (N.D. Cal. June 5, 2017) .............................. 13 6 Open Source Security, Inc. v. Perens, No. 17-cv-04002, 2018 WL 2762637 (N.D. Cal. June 9, 2018) .................... 9, 10, 14 7 8 Pacer Construction Holdings Corp. v. Pelletier, No. 3:19-cv-01263, 2020 WL 2571199 (S.D. Cal. May 21, 2020) ............................ 7 9 Piping Rock Partners, Inc. v. David Lerner Assocs., Inc., 10 No. 12-cv-04634, 2015 WL 4932248 (N.D. Cal. Aug. 18, 2015).............................. 6 11 Planned Parenthood Fed’n of Am. v. Ctr. for Med. Progress, 12 890 F.3d 828 (9th Cir. 2018) .................................................................................. 2, 3 13 Premier Med. Mgmt. Systs., Inc. v. Cal. Ins. Guarantee Ass’n, 14 163 Cal. App. 4th 550 (2008) ................................................................................. 7, 9 15 Robertson v. Rodriguez, 16 36 Cal. App. 4th 347 (1995) ......................................................................................
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