Samson v. Countrywide Home Loans, Inc. et al

Filing 82

ORDER: Plaintiff's Motion for Attorneys Fees and Costs 80 is granted in the amount of $18,507.50. Signed on 9/17/10 by Judge Ancer L. Haggerty. (jlr)

Samson v. Countrywide Home Loans, Inc. et al

Doc. 82

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

JENNIFER SAMPSON, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., a New York corporation, TREASURY BANK, NA, dba COUNTRYWIDE BANK; and US FUNDING GROUP-OREGON, LLC, an Oregon Limited Liability Company, dba US FUNDING GROUP, INC., Defendants. HAGGERTY, District Judge: Plaintiff filed this predatory mortgage lending case against defendants relating to the refinance of her home. Plaintiff obtained a default judgment against defendant US Funding Group-Oregon, LLC on August 2, 2010. Plaintiff now advances a Motion for Attorneys Fees and Costs [80] against defendant US Funding Group-Oregon, LLC. Defendant has not objected. 1 -- ORDER Civil No. 08-624-AC ORDER

Dockets.Justia.com

For the following reasons, plaintiff's Motion for Attorneys Fees and Costs is granted. DISCUSSION Federal Rule of Civil Procedure 54(d) provides for an award of attorneys fees and costs to the prevailing party. To determine whether a request for attorney fees is reasonable, the court must determine the "lodestar" amount--the number of hours reasonably spent on the litigation multiplied by a reasonable hourly rate. Pennsylvania v. Del. Valley Citizens' Council for Clean Air, 478 U.S. 546, 563-64 (1986). Reasonable attorney fees should be calculated based on the prevailing market rates in the relevant community. Blum v. Stenson, 465 U.S. 886, 895 (1984). Plaintiff seeks $18,232.50 in attorneys fees for 66.3 hours of work at a rate of $275.00 per hour. Plaintiff also seeks $350.00 in costs for her filing fee. This court has independently examined the supporting documentation explaining the claimed fees and costs as well as the State Bar survey. The court is satisfied that these amounts were reasonably and necessarily incurred by plaintiff during the course of this litigation. Therefore, the court grants plaintiff's Motion for Attorneys Fees and Costs [80] in the amount of $18,507.50. CONCLUSION Plaintiff's Motion for Attorneys Fees and Costs [80] is granted in the amount of $18,507.50. IT IS SO ORDERED. DATED this 17 day of September, 2010.

/s/ Ancer L.Haggerty Ancer L. Haggerty United States District Judge 2 -- ORDER