107 1 Exhibit McLaughlin declaration (PDF)

Case 2:11-cv-08305-ODW-PLA Document 107-1 Filed 02/22/13 Page 1 of 3 Page ID #:688

1
2
3
4
5
6

Craig McLaughlin, Esq. (SBN 182876)
LAW OFFICE OF CRAIG MCLAUGHLIN
650 Town Center Drive, Suite 1300
Costa Mesa, California 92626
(714) 545-8500 ♦ (888) 545-7131 fax
cmc@smartpropertylaw.com
Attorney for Defendants
Kelly C. Sugano and Taka-O

7
8

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

9
10
11
12
13

SLEP-TONE ENTERTAINMENT
CORPORATION,

14
15
16
17
18
19
20
21
22
23

Plaintiff,
vs.
BACKSTAGE BAR AND GRILL, et
al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: CV11-08305 ODW (PLAx)
DECLARATION OF CRAIG
MCLAUGHLIN, ESQ. IN SUPPORT
OF OPPOSITION BY
DEFENDANTS KELLY C.
SUGANO AND TAKA-O TO SLEPTONE’S MOTION FOR
RECONSIDERATION
Hearing Date: March 18, 2013
Time: 1:30 p.m.
Courtroom: 11
Complaint Filed : Oct. 6, 2011

24
25
26
27
28
1

DECLARATION OF CRAIG MCLAUGHLIN, ESQ. IN SUPPORT OF OPPOSITION BY DEFENDANTS
KELLY C. SUGANO AND TAKA-O TO SLEP-TONE’S MOTION FOR RECONSIDERATION

Case 2:11-cv-08305-ODW-PLA Document 107-1 Filed 02/22/13 Page 2 of 3 Page ID #:689

1

DECLARATION OF CRAIG MCLAUGHLIN, ESQ.

2

I, Craig McLaughlin, Esq. hereby declare that:
1.

3

I am currently attorney of record for Defendants Kelly C. Sugano and

4

Taka-O in connection with the above entitled case and am a member in good

5

standing of the State Bar of California and have personal knowledge of the facts

6

set forth below and if called upon to testify to them could and would competently

7

do so.
2.

8
9

I have over 16 years of experience practicing intellectual property law

in California, including litigation matters and trials. My hourly rate charged in the

10

above entitled case has been $350 per hour. This rate is in line if not below other

11

attorneys’ rates with similar experience in the locale.
3.

12

During the afternoon of February 12, 2013, I received a telephone call

13

from a person identifying himself to be an associate of Fox Rothschild, counsel for

14

Slep-tone. He was not an attorney of record, but did say that Alan Chen asked him

15

to call and that Mr. Chen is a partner at Fox Rothschild. He indicated that Slep-

16

tone intended to file a motion for reconsideration. I asked him on what grounds

17

the motion would be based. He explained that it would be based on authority

18

supporting the proposition that payment of a settlement amount shows that a party

19

cannot be a prevailing party. I asked him whether such authority was new or was

20

in connection with the Lanham Act and he did not indicate. I told him that Slep-

21

tone failed to oppose the underlying fee motion and that therefore a motion for

22

reconsideration would be untimely and likely frivolous, and that Defendants would

23

vigorously oppose it if filed. Less than four hours later, I received electronic

24

notice of the filing of the motion.
4.

25

I drafted the instant opposition which required 6.5 hours of my work

26

at $350 per hour. An additional 0.5 hours is anticipated to review Slep-tone’s

27

///

28

///
2

DECLARATION OF CRAIG MCLAUGHLIN, ESQ. IN SUPPORT OF OPPOSITION BY DEFENDANTS
KELLY C. SUGANO AND TAKA-O TO SLEP-TONE’S MOTION FOR RECONSIDERATION

Case 2:11-cv-08305-ODW-PLA Document 107-1 Filed 02/22/13 Page 3 of 3 Page ID #:690

1

expected reply and another 2.0 hours to prepare for and appear at the hearing.

2

I declare under penalty of perjury that the foregoing is true and correct.

3

Executed on February 21, 2013, in Orange County, California.

4
5

/s/ Craig McLaughlin, Esq.

6

Craig McLaughlin, Esq.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

DECLARATION OF CRAIG MCLAUGHLIN, ESQ. IN SUPPORT OF OPPOSITION BY DEFENDANTS
KELLY C. SUGANO AND TAKA-O TO SLEP-TONE’S MOTION FOR RECONSIDERATION