Hudson Insurance Company v. Klamath Superior Motor Company et al

Filing 85

Opinion and Order regarding Motion for Attorney Fees 78 . The Court has determined that Plaintiff's attorney is entitled to the fees requested. Motion for award of attorney fees (#78) is GRANTED. Ordered and Signed on 09/07/2018 by Magistrate Judge Mark D. Clarke. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

HUDSON INSURANCE COMPANY,
a Delaware corporation,

Case No. 1: 17-cv-00984-CL

Plaintiff,
V.

OPINION & ORDER
KLAMATH SUPERIOR
MOTOR COMPANY, INC., an Oregon
corporation; MEADOR MOTORS,
INC., an Idaho corporation,
a/b/n, Phil Meador Subaru; ZACHARY J.
TAYLOR, an individual;
DOROTHY M. SILANI, an individual;
NEIL A. WESTFALL, an individual;
GLEN R. SITZ, an individual; and
RALPH STEARNS, an individual,

Defendants.

CLARKE, Magistrate Judge.

Page I - OPINION & ORDER

This case comes before the court on an unopposed motion for award of attorney fees
(#78) in the sum of $1,535.00 brought by Plaintiff Hudson Insurance Company ("Hudson")
against Defendant Klamath Superior Motor Company ("Klamath") pursuant to Fed. R. Civ. P.
54( d). Having reviewed the proceedings, the agreement between the parties, and the amount of
fees sought, the Court has determined that Plaintiffs attorney is entitled to the fees requested.
Motion for award of attorney fees (#78) is GRANTED.

PROCEDURAL BACKGROUND
This action was filed on June 23, 2017 (#1). The First Amended Complaint was filed on
July 17, 2017 (1115). Klamath was served on August 9, 2017, with an Affidavit of Service filed
on August 15, 2017 (#22). Klamath did not appear or otherwise defend in this action and, on
August 15, 2017, Hudson sought entry of default as to Klamath and a Clerk's Entry of Default
was entered on the same day (#32, #34). The Court entered Default Judgment against Defendant
Klamath on June 26, 2018 (#77). Hudson timely filed this motion for attorney fees under the
Default Judgment entered against Klamath and the terms of the General Indemnity Agreement
executed by Klamath.

DISCUSSION
Hudson cites to the General Indemnity Agreement executed by Klamath, which was the
subject of this action, in support of its motion to recover its attorney fees. The General Indemnity
Agreement provides that "Surety shall be entitled to recover its reasonable attorney's fees and
costs of collection incurred in the enforcement of this Indemnity Agreement or collection of
amounts due hereunder." (#79). Hudson seeks an award of fees in the sum of $1,535.00, which is
calculated by deducting the amount previously awarded to Hudson as reimbursement for its
attorneys' fees ($4,395.00 [#65]) from the total amount of Hudson's attorneys' fees in this matter

Page 2 - OPINION & ORDER

($5,930.00). Having reviewed the accounting record of the fees sought, the Court concludes that
the fees are reasonable and warranted in this case.

United States Magistrate Judge

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