IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION Triple Canopy, Inc., Plaintiff, vs.

Civil Action No. 1:12cv1324 CMH/JFA Greyside Global, LLC; Greyside Group, Inc., Defendants. JURY TRIAL REQUESTED

TRIPLE CANOPY, INC.S SUPPLEMENTAL BRIEF IN SUPPORT OF ITS REQUEST FOR ATTORNEYS FEES Pursuant to the Courts oral instructions during the hearing conducted on February 1, 2013, Plaintiff, Triple Canopy, Inc. (Triple Canopy) hereby submits this supplemental brief in support of its request for attorneys fees and costs. Triple Canopy has incurred attorneys fees in the amount of $21,070.25 and $992.50 in non-taxable costs through January 23, 2013 in this matter. Triple Canopy originally moved in its Motion for Entry of Default Judgment for an award for attorneys fees in the amount of $19,120.25. However, the attorneys representing Triple Canopy submitted additional time for January 22nd and January 23rd, which was not processed by counsels accounting system in time for the filing of the Motion for Default Judgment on January 24th. This in turn, has resulted in an increase in the amount of the attorneys fees by $1,950. Furthermore, as shown in the attached exemplary Bill of Costs, Triple Canopy has incurred $580 in taxable costs. Exhibit B. Upon entry of a default judgment, Triple Canopy will file a fully executed Bill of Costs with the Clerk of the Court for $580.

As stated in its briefing, Triple Canopy believes that its attorneys fees are reasonable in light of Defendants willful infringement. All of the factors set forth in Johnson v. Georgia Highway Express, 488 F.2d 714 (5th Cir. 1974) as adopted by Fourth Circuit in Barber v. Kimbrell's Inc., 577 F.2d 216, 226 n. 28 (4th Cir. 1978), supporting a finding that Triple Canopys requested fees and costs are reasonable. For example, as a result of being based in the Midwest, the rates charge by Triple Canopys legal team are equal to or less than prevailing market rates for comparable services in this state. Moreover, the majority of the work connected with filing the complaint and motion practice were undertaken by associate attorneys and paralegals working at the direction of senior attorneys. These points are illustrated by the following chart showing the breakdown of time and fees between partners, of counsel/associates and paralegals: Partner Rudolph Telscher Bryan Wheelock Bryan Wheelock David Haarz David Haarz Hours 3.50 2.60 0.60 6.20 1.75 14.65 (18.6%) Rate @550.00 @535.00 @550.00 @500.00 @475.00 average @519.00 Sub-Total $1942.50 $1391.00 $ 330.00 $3100.00 $ 831.25 Total

$7594.75

Of Counsel/Associate Joel Samuels Joel Samuels Larry Galvin

21.30 13.50 2.10 36.90 (46.7%)

@250.00 @225.00 @300.00 average @243.70

$5325.00 $3037.50 $ 630.00 $8992.50

Paralegals Karen Bearley Julie Murphy Julie Murphy

0.10 9.80 17.50 27.40 (34.7%) 78.95 (100%)

@170.00 @170.00 @160.00 average @163.62 average @266.88

$ 17.00 $1666.00 $2800.00 $4483.00 $21,070.25

More than 80% of the hours billed in this matter were by counsel/associates (46.7%) or paralegals (34.7%). The over-all average billing rate is $266.88. Invoices and time detail are 2

attached as Exhibit A to document these fees, as well as Triple Canopys costs. Further, as reflected below, Triple Canopy has incurred costs in the amount of $1,572.50. BILL OF COSTS DATE 11/19/2012 11/27/12 11/27/12 12/07/12 12/12/12 DESCRIPTION Filing Fee for the Eastern District of Virginia Service of Complaint by Bullet Legal ServicesUpon Greyside Group, Inc. Service of Complaint by Delaware Attorney Services Upon Greyside Global, LLC Service of Complaint by Delaware Attorney Services Upon Greyside Global, LLC Service of Complaint by Bullet Legal Services Upon Greyside Group, Inc. AMOUNT $350.00 $55.00 $60.00 $60.00 $55.00

DATE 10/18/12 10/25/12 10/29/12 11/27/12, 12/7/12 01/08/13

NON-TAXABLE COSTS DESCRIPTION Copyright filing fees Westlaw charges Conference call charges FedEx charges Pro Hac Vice Application charges

AMOUNT $795.00 $41.72 $11.51 $69.27 $75.00

Moreover, Triple Canopy has incurred expenses since January 23, 2013. These costs are associated with Counsels attendance at the February 1, 2013 hearing and preparing this motion. Specifically, J. Samuels spent 16.80 preparing for and attending the hearing as well as preparing this motion. This amounted to $4,200 in fees. (16.80 hours @250.00 /hr.). See Ex. C. In addition, Triple Canopy incurred costs associated with D. Haarz and J. Murphys services related to attending the hearing as well as preparing this motion. As represented in its original motion, Triple Canopy is requesting $2,000 to go towards covering these fees. Counsel believes that Triple Canopys request is consistent with other awards granted in similar default judgment cases. See Chanel, Inc. v. Banks, No. WDQ-099-843, 2011 WL 121700 (D. Md. 2011) (awarding attorneys fees and costs in default judgment); Olde Mill Company, 3

Inc. v. Alamo Flag, Inc., No. 1:10cv130, 2010 WL 3430715 (E.D. Va. Aug. 4, 2010). Thus, Triple Canopy believes that all of the Johnson factors weigh in favor of granting Triple Canopys request for attorneys fees and costs. WHEREFORE, Triple Canopy requests that the Court grant its motion for a default judgment, and award Triple Canopy the equitable relief sought as well as $23,070.25 in attorneys fees and $1,572.50 ($580.00 taxable + $992.50 non-taxable) in costs.

DATED: February 6, 2013

Respectfully Submitted,

By: /s/ David R. Haarz, VA Bar No. 66234 HARNESS, DICKEY & PIERCE, P.LC. 11730 Plaza America Drive, Suite 600 Reston, Virginia 20190 P. 703.668.8000 F. 703.668.8200 dhaarz@hdp.com And Rudolph A. Telscher (Admitted pro hac vice) Joel R. Samuels (Admitted pro hac vice) HARNESS, DICKEY & PIERCE, P.LC. 7700 Bonhomme, Suite 400 Clayton, MO 63105 P. 314.726.7500 F. 314.726.7501 rtelscher@hdp.com jsamuels@hdp.com Attorneys for Plaintiff, Triple Canopy, Inc.

CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing upon Defendants Greyside Group, Inc. and Greyside Global, LLC, as listed below, by placing a copy of the same in the U.S. Mail, postage prepaid, on this 6th day of February, 2013. Greyside Group, Inc. Registered Agent, VCORP Services, LLC 1645 Village Center Circle Suite 170 Las Vegas, Nevada 89134 Greyside Global, LLC Registered Agent, National Registered Agents, Inc. 160 Greentree Drive, Suite 101 Dover, Delaware 19904

/s/ David R. Haarz, VA Bar No. 66234 HARNESS, DICKEY & PIERCE, P.LC. 11730 Plaza America Drive, Suite 600 Reston, Virginia 20190 P. 703.668.8000 F. 703.668.8200 dhaarz@hdp.com

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