Case 1:07-cv-11446-NG Document 44 Filed 03/08/2010 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

)
SONY BMG MUSIC ENTERTAINMENT )
et al., )
)
Plaintiffs, ) Civ. Act. No 07-cv-11446-NG
)
v. )
)
JOEL TENENBAUM, )
)
Defendant. )
)

PLAINTIFFS’ NOTICE OF FILING AFFIDAVIT IN SUPPORT OF EXPENSES AND

REQUEST FOR ORDER DIRECTING PAYMENT

Plaintiffs respectfully submit this Notice of Filing Affidavit in Support of Expenses and

state as follows:

On March 2, 2010, the Court granted Plaintiffs’ Motion for Costs and Fees (Doc. 851)

associated with filing their Motion to Compel (Doc. 842). The Court held “both the defendant,

Joel Tenenbaum, and his attorney, Charles Nesson, jointly and severally liable for the reasonable

expenses that plaintiffs incurred in filing their motion to compel.” (See March 2, 2010 Order.)

The Court further ordered plaintiffs “to file an affidavit containing an itemized statement of the

expenses they incurred in filing the motion to compel by March 8, 2010.” (Id.)

Attached hereto is the Declaration of Eve G. Burton, counsel for Plaintiffs, demonstrating

that Plaintiffs incurred $2,249.00 in expenses, including reasonable attorney fees, in connection

with Plaintiffs’ Motion to Compel. This declaration is submitted in lieu of an affidavit under

28 U.S.C. § 1746.

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WHEREFORE, Plaintiffs respectfully request entry of an order directing Defendant, Joel

Tenenbaum, and his attorney, Charles Nesson, jointly and severally, to pay Plaintiffs $2,249.00

in expenses, including reasonable attorney fees, incurred in filing their Motion to Compel.

Respectfully submitted this 8th of March 2010.

SONY BMG MUSIC ENTERTAINMENT;

WARNER BROS. RECORDS INC.;
ATLANTIC RECORDING CORPORATION;
ARISTA RECORDS LLC; and UMG
RECORDINGS, INC.

By their attorneys,

By: s/ Eve G. Burton

Timothy M. Reynolds (pro hac vice)
Eve G. Burton (pro hac vice)
Laurie J. Rust (pro have vice)
HOLME ROBERTS & OWEN LLP
1700 Lincoln, Suite 4100
Denver, Colorado 80203
Telephone: (303) 861-7000
Facsimile: (303) 866-0200
Email: tim.reynolds@hro.com
eve.burton@hro.com
laurie.rust@hro.com

Matthew J. Oppenheim (pro hac vice)

Oppenheim Group LLP
7304 River Falls Drive
Potomac, Maryland 20854
Telephone: (301) 299-4986
Facsimile: (866) 766-1678
Email: matt@oppenheimgroup.net
Daniel J. Cloherty
DWYER & COLLORA, LLP
600 Atlantic Avenue - 12th Floor
Boston, MA 02210-2211
Telephone: (617) 371-1000
Facsimile: (617) 371-1037
Email: dcloherty@dwyercollora.com

ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE

I hereby certify that this document filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)
and paper copies will be sent to those indicated as non-registered participants on March 8, 2010.

s/ Eve G. Burton

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 Case 1:07-cv-11446-NG Document 44-2 Filed 03/08/2010 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

)
SONY BMG MUSIC ENTERTAINMENT )
et al., )
)
Plaintiffs, ) Civ. Act. No 07-cv-11446-NG
)
v. )
)
JOEL TENENBAUM, )
)
Defendant. )
)

DECLARATION OF EVE G. BURTON IN SUPPORT OF EXPENSES INCURRED IN

FILING MOTION TO COMPEL

I, Eve G. Burton, declare:

1. I am an attorney at law with the law firm of Holme Roberts & Owen LLP

(“HRO”), counsel to Plaintiffs in this matter. I am admitted in this case and I make the

statements in this declaration based upon my personal knowledge and I am competent to testify

regarding any matters set forth herein.

2. Two attorneys and one paralegal at HRO were involved in the Motion to Compel.

Laurie J. Rust (referenced in the below chart as “LJR”) is an associate in HRO’s commercial

litigation department. Her billing rate in 2009 was set at $255 per hour. Eve G. Burton

(referenced in the below chart as “EB”) is senior counsel in HRO’s commercial litigation

department. My billing rate in 2009 was set at $320 per hour. Susan Haag (referenced in the

below chart as “SH”) is a paralegal in HRO’s commercial litigation department. Her billing rate

in 2009 was set at $185 per hour.

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3. Below is a chart reflecting the expenses incurred in preparing the Motion to

Compel (Doc. 842) and the Motion for Costs and Fees associated with the Motion to Compel

(Doc. 851) (“Motions”).

Date Tkpr Description Hours Amount

06/04/09 LJR Draft Motion to Compel MegaUploads info; 4.5 $1147.50

conf. with client and local counsel re same,
incorporate edits

06/05/09 EB Edit motion to compel MegaUploads 1.0 $320.00

06/05/09 SH Exhibit preparation for motion .5 $92.50

06/18/09 LJR Research and draft motion for costs; edit same 1.7 $433.50

06/19/09 EB Review motion for fees .4 $128.00

06/19/09 LJR Revise Motion to Compel; conference with E. .5 $127.50

Burton re same

Total: 8.6 $2,249.00

4. As reflected in the foregoing chart, the total amount of costs incurred in

preparing and filing the Motions was $2,249.00 All costs represent the necessary and reasonable

efforts of HRO on behalf of Plaintiffs in preparing and filing the Motions, and the time was

billed at rates which are reasonable and customary for matters of this type.

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I declare under penalty of perjury and the laws of the United States of America that the

foregoing is true and correct.

Dated this 8th day of March 2010.

__________________________
Eve G. Burton

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