Diplomatic Man, Inc. v. Nike, Inc., No. 1:2008cv00139 - Document 48 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97393: For the reasons set forth in this order, Nike's motion for an award of reasonable costs and attorneys' fees against plaintiff pursuant to 17 U.S.C. § 505 (Doc. #41) is granted. Accordingly, Nike shall be award ed $311,072.50 in attorney's fees and $13,783.19 in costs, for a total of $324,855.69. To the extent Nike still intends to seek fees and costs for expenses incurred in December 2008, it is directed to submit supporting documentati on by April 13, 2009. Plaintiff is directed to submit any objections to the amount of those fees and costs - and those only - by April 20, 2009. This is emphatically not an invitation to plaintiff to belatedly object to the fees and costs already sou ght by Nike and awarded in this order. Further, upon the request of defendant, the third-party complaint against Santana and Santana's World is dismissed without prejudice, pursuant to Federal Rule of Civil Procedure 41(2). (Signed by Judge Gerard E. Lynch on 4/6/09) Copies Mailed By Chambers.(mme) Modified on 4/9/2009 (mro).