ClearOne Communications v. Chiang et al, No. 2:2007cv00037 - Document 2087 (D. Utah 2010)
Court Description: MEMORANDUM DECISION AND ORDER Awarding Atty Fees and Costs Against Donald Bowers: Donald Bowers is liable to ClearOne in the sum of $57,188.61. Signed by Magistrate Judge David Nuffer on 1/18/10 (alt)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION CLEARONE COMMUNICATIONS, INC., a Utah corporation, Plaintiff, v. ANDREW CHIANG, an individual; JUN YANG, an individual; LONNY BOWERS, an individual; WIDEBAND SOLUTIONS, INC., a Massachusetts corporation; VERSATILE DSP, INC.; a Massachusetts corporation; and BIAMP SYSTEMS CORPORATION, an Oregon corporation, MEMORANDUM DECISION AND ORDER AWARDING ATTORNEYS FEES AND COSTS AGAINST DONALD BOWERS Case No. 2:07-cv-37-TC-DN District Judge Tena Campbell Magistrate Judge David Nuffer Defendants. On September 3, 2009, the District Judge ordered 1 that ClearOne is entitled to receive its reasonable attorneys fees and costs incurred in pursuing the [certain remedies] against Donald Bowers. The District Judge ordered that ClearOne submit a claim for those fees and that thereafter the Magistrate Judge shall issue a ruling awarding those costs and fees reasonably incurred . . . . 2 Thereafter, ClearOne filed its claim 3 stating the total attorney fees and expenses associated with the monetary award provided by the [September 3, 2009] Order are $57,188.61. 4 1 Memorandum Decision and Order of Contempt at 25, docket no. 1903 filed September 3, 2009. 2 Id. 3 Declaration of Jennifer Fraser Parrish . . . , docket no. 1930, filed September 17, 2009; Highly Confidential Exhibit B to Declaration of Jennifer Fraser Parrish, docket no. 1942, filed under seal September 17, 2009. 4 Id.at 6. The magistrate judge was unable to take action because Donald Bowers filed for bankruptcy protection. 5 However, ClearOne was granted relief from the automatic bankruptcy stay on December 29, 2009, effective January 13, 2009. 6 Donald Bowers did not file any response to ClearOne s Claim for fees. The magistrate judge has carefully reviewed the submission from ClearOne and finds the claim proper in every respect. ORDER IT IS HEREBY ORDERED that Donald Bowers is liable to ClearOne in the sum of $57,188.61. Dated this 18th day of January, 2009. BY THE COURT ________________________________________ Magistrate Judge David Nuffer 5 Memorandum Decision and Order of Contempt at 2 n.3, docket no. 2009, filed November 19, 2009. 6 Notice of Filing: Bankruptcy Court s Order Granting Plaintiff Relief from the Automatic Stay to Prosecute Pending Action against Donald Bowers, docket no. 2048, file December 29, 2009. 2
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