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
WELLS FARGO BANK, NA,
ELLEN M. MC~RACKEN,
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
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
(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
the nature and length of the professional relationship
with the client, and (12) awards in similar. cases.
( 5) the customary fee,
( 10) the "undesirability" of the case,
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.
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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.
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
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
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
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