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Case 3:12-cv-00231-PA Document 116 Filed 01/14/14 Page 1 of 4 Page ID#: 699

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

WELLS FARGO BANK, NA,

No. 3:12-cv-00231-PA

Plaintiff,

ORDER

v.

ELLEN M. MC~RACKEN,

Defendant.

PANNER, J.

This is an action for judicial foreclosure. Plaintiff

prevailed at a bench trial held July 23, 2013 and on November 19,

2013, a judgment of foreclosure was signed. Plaintiff now moves

the Court for an award of 'attorney fees in the amount of

$16,868.00 and costs in the amount of $1,274.50 pursuant to the

parties' contractual agreement.

Plaintiff's motion is GRANTED.

I. Attorney Fees

The determination of a reasonable attorney fee begins with

the "lodestar" approach, determined by multiplying the hours

spent on a case by a reasonable hourly rate of compensation for

each attorney involved. Pennsylvania v. Delaware Valley

1 - ORDER

Case 3:12-cv-00231-PA Document 116 Filed 01/14/14 Page 2 of 4 Page ID#: 700

Citizens' Council for Clean Air, 478 U.S. 546, 563 (1986). The

party seeking the award of fees must submit evidence supporting

the hours worked and the rates claimed. Van Gerwen v. Guarantee

Mut. Life. Co., 214 F.3d 1041, 1045 (9th Cir. 2000). The court

should exclude from the amount "hours that are not reasonably

expended because they are excessive, redundant, or otherwise

unnecessary."

Id. (quotes ami tted) . A "strong presumption"

exists that the lodestar amount represents a reasonable fee.

Delaware, 478 U.S. at 565.

After calculating the lodestar, twelve factors are

considered to determined if it is necessary to adjust the figure.

The twelve factors are:

(2) the novelty and
(3) the skill
(4)

(1) the time and labor required,
difficulty of the questions involved,
requisite to perform the legal service properly,
the preclusion of other employment by the attorney due
to acceptance. of the case,
whether the fee is fixed or contingent,
limitations imposed by the client or the circumstances,
(8) the amount involved and the results obtained,
the experience, reputation, and ability of the
attorneys,
( 11)
the nature and length of the professional relationship
with the client, and (12) awards in similar. cases.

( 5) the customary fee,
(7) time

( 10) the "undesirability" of the case,

( 6)

(9)

Morales v. City of San Rafael, 96 F.3d 359, 363, n.8 (9th

Cir. 1996)(quoting Kerr v. Screen Guild Extras, Inc., 526 F.2d

67, 70 (9th Cir. 1975)). Only those factors which are applicable

. need be discussed. Sapper v. Lenco Blade, Inc., 704 F.2d 1069,

1073 (9th Cir. 1983). The court may adjust the lodestar 1)

downward if the Plaintiff achieved only limited or partial

success, Hensley v. Eckerhart, 461 U.S. 424, 440 (1983), or 2)

upward in "rare" and "exceptional" circumstances. Delaware, 487

U.S. at 565.

2 - ORDER

Case 3:12-cv-00231-PA Document 116 Filed 01/14/14 Page 3 of 4 Page ID#: 701

In this caie, Plaintiff's hourly rates are within the

reasonable range of rates for Portland, Oregon attorneys with

similar experience as set forth in the Oregon State Bar Economic

Survey. The hourly rates are reasonable considering the skill

and reputation of counsel and the results obtained. Finally, the

hours requested by Plaintiff are reasonable in light of the

difficulty of the case.

II. Costs

Plaintiff seeks to recover $505 in filing fees, $200 in

service fees, $47 in lis pendens recording fees, and $522.50 in

judicial sale guarantee. Under 28 U.S.C. § 1920, clerk and

service fees are taxable and they are awarded in this case. See

Old West Fed. Credit Union v. Skillman, 2:11-cv-01170-SU, 2012 WL

4594256 at *6 (D. Or. Sept. 6, 2012).

Although the foreclosure guarantee and lis pendens fee are

not expressly taxable under § 1920, they may be recovered

pursuant to a contract which,requires the defaulting party to pay

costs.

Id. Such a contract ex~sts in this case. Consequently,

Plaintiff is awarded the full amount of the Bill of Costs.

3 - ORDER

Case 3:12-cv-00231-PA Document 116 Filed 01/14/14 Page 4 of 4 Page ID#: 702

Conclusion

Plaintiff's Motion for Attorney Fees and Costs (#114) is

GRANTED. Plaintiff is awarded attorney fees in the amount of

$16,868.00 and costs in the amount of $1,274.50.

IT IS SO ORDERED.

DATED this 4

day of January, 2014:

Owen M. Panner
United States District Judge

4 - ORDER