Pomerantz v. International Longshore and Warehouse Union, Local 4, et al

Filing 85

Order regarding Affidavit 80 . The Court awards attorney fees to Petitioner in the amount of $12,985.52. See formal order. Signed on 1/29/2015 by Chief Judge Ann L. Aiken. (rh)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

ANNE P. POMERANTZ, Acting
Regional Director of the
Nineteenth Region of the
National Labor Relations Board,
for and on behalf of the
NATIONAL LABOR RELATIONS BOARD,
Petitioner,

v.
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, LOCAL 4,
Respondent,
and
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, LOCAL 8,
Respondent,
and
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION,
Respondent.

1 - ORDER

Case No. 3:13-cv-1676-AA
ORDER

AIKEN, Chief Judge:
Before

the

Attorney fees.

court
Doc.

is

80.

Petitioner's Affidavit
On June 24,

2014,

in

Support

of

the court issued an

order allowing fees incurred by Petitioner and interested party
Tidewater Barge Lines'

(Tidewater)

in seeking a second order of

civil contempt against the International Longshore and Warehouse
Union,

and Locals 4 and 8 (the Union),

picketing conduct in April 2014.

Doc.

with respect the Union's
78.

to the amount of fees owed to Tidewater,
Union

and

Petitioner

were

unable

to

The Union stipulated
doc.

agree

82; however,

on

the

the

appropriate

amount of fees.
The parties'
for

recover

Washington
conduct

sole dispute is whether Petitioner is entitled

fees
and

for

an

ultimately

travel

Oregon

Portland,

attorney's

investigate

found

to

to

be

between

contemptuous.

Petitioner is so entitled. Notably,

the
I

Spokane,
Union's

find

that

such fees were incurred due

to the Union's contemptuous conduct; but for the Union's conduct
in April 2014,

Petitioner's counsel would not have been required

to

and

travel

to

from

Portland,

Oregon.

Thus,

counsel engaged in providing legal services to
travel

was

Moreover,

necessitated
an

attorney's
v.

the

travel

Union's
time

is

only

was

Petitioner,

his

contemptuous
compensable

City of Los Angeles,

796

conduct.
in

this

Circuit.

See

1216 n.7

(9th Cir. 1986); see also Johnson v. Credit Int'l Inc.,

2 - ORDER

Chalmers

by

not

F.2d 1205,

257
Co.,

Fed.

Appx.

8,

10

2014 WL 2801243,

(9th Cir.
at *4

2007);

(E. D.

Cal.

Gordillo
June 19,

v.

Ford Motor

2014).

Finally,

I find the fees sought by Petitioner to be qciite reasonable and
find no basis to discount them.
Accordingly,

the

court

awards

attorney fees

in the amount of $12,985.52.
IT IS SO ORDERED.
DATED this

day of January, 2015.

United

3 - ORDER

District Judge

to

Petitioner