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8048468758
RICHMOND CIVIL DIVISION
Lj002/003
OI t of
.tclimcn
x
oneral Piztri t QLaurf
(Civil !i.utsion
THE JOHN MAP-c+M L COURTS BUA_DWJG
400 NORYH NINTH STREET - surrE 203
13TH JUDICIAL DISTFNCT
RICHMOND, VA 23219 - 1548
804-846-8461
844846.8758 FAX
JOI JETER TAYLOR,
JUDGE
BAABARAJ.GADEN,JUDGE
SANDRA C. BLOUNT CLEMIc
RDBERTA PUSTILNIKJUDOE
HQBIN J. SMrrH. CHEF DEF'U1Y
May 8,
2008
Marc Rotenberg, Esq.
President
Electronic Privacy Information
Center
1718 Connecticut Avenue, N.W., Ste.
200
Washington, D.C. 20009
Paul Kugelman
Assistant Attorney General III
Office of the Attorney General
Commonwealth of Virginia
900 East Main Street
Richmond, Virginia 23219
Re:
Electronic Privacy Information Center v. Capt. J Thomas Martin, et al.
Case No.
GV08-019225
Gentlemen:
At the conclusion of the plaintiffs petition for mandamus, the court heard
argument on the plaintiffs motion for costs and attorney's fees and subsequently took
themotion under advisement.
The court finds that the plaintiff in this matter substantially prevailed on
the
merits of this case and further fnds pursuant to Va. Code ยง 2.2-3713 (D) that the
plaintif
is e
tled to recover reasonable costs in the amount of $ 496.09. The court further
fnds
that the plaintif may not recover attorneys' fees in this matter since they were
not
represented by counsel at any of the hearings. At the outset of this matter, Mr.
Rotenberg, an attorney, made it clear that he was not acting in his capacity as an attorney
but as a public representative of the plaintiff for purposes of pursuing their claim under
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the Virginia Freedom of Information Act. Mr. Rotenberg is not licensed to
practice law
in the State of Virginia and did not seek pro hac vice status prior to this
hearing,
The court shall enter an order consistent with this
opinion.
Very truly
yours,