Mech-Tech College, LLC et al v. Friger-Salgueiro et al
| Puerto Rico District Court | |
| Judge: | Daniel R Dominguez |
| Case #: | 3:19-cv-01690 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:101 Copyright Infringement |
| Case Filed: | Jul 18, 2019 |
| Terminated: | Apr 21, 2022 |
| Last checked: Tuesday Jan 14, 2020 5:01 AM AST |
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Defendant
Conjugal Partnership Friger-Doe
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Defendant
Corporations A, B & C
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Defendant
Jane Doe
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Defendant
Mary Doe
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Defendant
William Doe
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Defendant
Friger Entertainment, LLC
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Represented By
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Defendant
Osvaldo Oscar Friger-Salgueiro
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Represented By
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Defendant
Insurance Companies X, Y & Z
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Plaintiff
Mech-Tech College, LLC
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Represented By
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Plaintiff
Artificial Intelligence, Corp.
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Represented By
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GPO
Mar 29 2021
OPINION AND ORDER granting in part and denying in part 23 Motion to Dismiss for Failure to State a Claim. See attached Opinion and Order for further details. Signed by Judge Daniel R. Dominguez on 3/29/2021. (EA) |
| Docket last updated: 04/28/2025 11:59 PM AST |
| Thursday, March 09, 2023 | ||
| 72 | 72
order
Order on Motion for Reconsideration
Thu 03/09 3:37 PM
ORDER denying70 Motion for Reconsideration. In reconsideration, the Defendant essentially argues that the Court's decision to deny his request for attorney's fees "ignores the last two (2) years of litigation, ignores the Copyright Act's allowance of attorney's fees, ignores the attorney invoices submitted with the detail of time spent, and ignores the fact that the complaint allegations, as drafted in the Amended Complaint, had zero chance to prevail as a matter of law." Docket No.70 at p. 2. Yet, Friger-Salgueiro fails to recognize that pursuant to the Copyright Act, the Court may award attorney's fees in a case-by-case basis. Section 505 of the Copyright Act provides in its pertinent part that "the court in its discretion may allow the recovery of full costs by or against any party... [T]he court may also award a reasonable attorney's fees to the prevailing party as part of the costs." 17 U.S.C. § 505. Thus, the Copyright Act's attorney fee provision grants courts wide latitude to award attorney's fees based on the totality of circumstances in a case. See Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. 197, 136 S. Ct. 1979, 195 L. Ed. 2d 368 (2016). The Court finds that the Defendant is only attempting to re-litigate issues properly disposed of by the Court and voicing his disagreement with the Court's prior ruling. See e.g., Waye v. First Citizen's Nat'l Bank, 846 F. Supp. 310 (M.D. Pa. 1994). Even when applying Section 505 of the Copyright Act to the Defendant's request, the Court has discretion to award or deny attorney's fees on a case-to-case basis. Therefore, based on the totality of circumstances, the Court reiterates its determination and the request for reconsideration is hereby DENIED. Signed by Judge Daniel R. Dominguez on 3/9/2023. (EA) |
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