Scott USA Inc. v. Patregnani

Filing 55

ORDER granting 50 Motion for Attorney Fees. The Court will award Scott USA an award of attorney fees in the amount of $63,661.00.Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SCOTT USA INC.,

Case No. 1:14-cv-00482-BLW

Plaintiff,

ORDER

v.
ARMAND PATREGNANI,
Defendant/Third-Party Plaintiff,
v.
BIKESTREET RETAIL, LLC d/b/a
BIKESTREET USA,
Third-Party Defendant

The Court has before it Plaintiff Scott USA Inc.’s Motion for Attorney Fees (Dkt.
50). For the reasons set forth below, the Court will grant the motion and award Scott
USA in the amount of $63,661.00.
ANALYSIS
Scott USA brought this action against Defendant Armand Patregnani as a thirdparty guarantor to secure the repayment of trade and other debt incurred by Third Party
Defendant BikeStreet Retail LLC. Scott USA filed a motion for summary judgment on its
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single-count complaint for breach of guarantee contract against Patregnani and prevailed.
Memorandum Decision and Order, Dkt. 45. The Personal Guarantee signed by
Patregnani unequivocally provides for an award of reasonable attorney fees to Scott USA
if Scott USA incurs attorney fees in an attempt to collect BikeStreet’s debt from
BikeStreet or Patregnani. Bulls Decl., Ex. A, p. 5. In addition, Idaho law, which governs
this case, provides that a prevailing party in an action to recover on a guaranty “shall be
allowed a reasonable attorney fee to set by the court…” I.C. § 12-120(3).
The longstanding rule in Idaho is that attorneys’ fees may be awarded if
authorized by either contract or by statute. Stibal v. Fano, 337 P.3d 587, 594 (2014)
(citing Hellar v. Cenarrusa, 682 P.2d 524, 531 (1984)). Here, an award of fees is
authorized by both contract and statute. Indeed, under Idaho Code Section 12-120(3), an
award of fees is mandatory. Merrill v. Gibson, 139 Idaho 840, 845, 87 P.3d 949, 954
(2004) (“The language of I.C. § 12-120(3) is mandatory and requires a trial court to
award attorney fees to the prevailing party.”). Accordingly, Scott USA is entitled to an
award of reasonable fees and costs.
“The starting point for determining a reasonable fee is the ‘lodestar’ figure, which
is the number of hours reasonably expended multiplied by a reasonable hourly rate.”
Gates v. Deukmejian, 987 F.2d 1392, 1397 (9th Cir. 1992). In determining a reasonable
hourly rate, the court considers the “experience, skill and reputation of the attorney
requesting fees,” Trevino v. Gates, 99 F.3d 911, 924 (9th Cir. 1996), as well as “the
prevailing market rates in the relevant community.” Blum v. Stenson, 465 U.S. 886, 895
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(1984). “There is a strong presumption that the lodestar figure represents a reasonable
fee. Only in rare instances should the lodestar figure be adjusted on the basis of other
considerations.” Morales v. City of San Rafael, 96 F.3d 359, 363-64 (9th Cir. 1996)
(footnote omitted).
In this case, Patregnani has not filed a response to Scott USA’s motion for
attorney fees. And, after reviewing, counsel’s supporting declaration, the Court sees no
reason to adjust the lodestar figure. SCOTT USA has been represented at all times by
Moffatt, Thomas, Barrett, Rock & Fields, Chartered in the proceedings before this Court.
All of SCOTT USA’s paralegals and lawyers utilized reasonable rates, ranging between
$120 and $300 per hour. This Court has previously approved comparable rates for
paralegals and lawyers with similar qualifications and experience in Boise. See, e.g.,
Asset Vision, LLC v. Fielding, Case No. 4:13-cv-00288-BLW (D. Idaho Dec. 16, 2014)
(Winmill, J.) (finding reasonable rates for partners of $245-$280 per hour, associate rates
of $190-$200 per hour and paralegal rates of $125-$130 per hour). In addition, the Court
finds that the number of hours expended by the various timekeepers was reasonable.
Thus, the Court will award Scott USA an award of attorney fees in the amount of
$63,661.00.

ORDER - 3

ORDER
Plaintiff Scott USA Inc.’s Motion for Attorney Fees (Dkt. 50) is GRANTED. The
Court will award Scott USA an award of attorney fees in the amount of $63,661.00.

DATED: November 12, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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