C&C Offset Printing Co (USA), Inc v. Lone Pine Publishing Company

Filing 22

ORDER: Granting Motion for Attorney Fees 21 . The Court concludes Plaintiff is entitled to $3,004.50 in attorneys' fees and $643.22 in costs. Signed on 05/11/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

C&C OFFSET PRINTING COMPANY
(USA), INC., an Oregon
corporation,

3:14-cv-01675-BR
ORDER

Plaintiff,

v.
LONE PINE PUBLISHING COMPANY,
a Canadian corporation,
Defendant.

BROWN, Judge.
This matter comes before the Court on Plaintiff’s Amended
Motion (#21) for Attorney Fees in which Plaintiff seeks $643.22
in court costs and $3,004.50 in attorneys’ fees.
I.

Bill of Costs
Absent a showing of circumstances not relevant here, an

award of costs is governed by federal law.

See Champion Produce,

Inc. v. Ruby Robinson Co., Inc., 342 F.3d 1016, 1022 (9th Cir.
2003).

Accordingly, the Court applies federal law in its

analysis of Plaintiff’s request for an award of costs.
1 - ORDER

Federal Rule of Civil Procedure 54(d)(1) provides in
pertinent part:

"Unless a federal statute, these rules, or a

court order provides otherwise, costs--other than attorney's
fees--should be allowed to the prevailing party."

28 U.S.C.

§ 1920 allows a federal court to tax specific items as costs
against a losing party pursuant to Federal Rule of Civil
Procedure 54(d)(1).
Section 1920 provides:
A judge or clerk of any court of the United States may
tax as costs the following:
(1)
(2)
(3)
(4)

(5)
(6)

Fees of the clerk and marshal;
Fees for printed or electronically recorded
transcripts necessarily obtained for use in
the case;
Fees and disbursements for printing and
witnesses;
Fees for exemplification and the costs of
making copies of any materials where the
copies are necessarily obtained for use in
the case;
Docket fees under section 1923 of this title;
Compensation of court appointed experts,
compensation of interpreters, and salaries,
fees, expenses, and costs of special
interpretation services under section 1828 of
this title.

A bill of costs shall be filed in the case and, upon
allowance, included in the judgment or decree.
See also Kalitta Air L.L.C. v. Cent. Tex. Airborne Sys. Inc., 741
F.3d 955, 957 (9th Cir. 2013).
As noted, costs generally are awarded to the prevailing
party in a civil action as a matter of course unless the court
directs otherwise.
2 - ORDER

Fed. R. Civ. P. 54(d).

The court must limit

an award of costs to those defined in 28 U.S.C. § 1920 unless
otherwise provided for by statute.

Grove v. Wells Fargo Fin.

Ca., Inc., 606 F.3d 577, 579-80 (9th Cir. 2010).

See also

Haagen-Dazs Co., Inc. v. Double Rainbow Gourmet Ice Creams, Inc.,
920 F.2d 587, 588 (9th Cir. 1990)(citing Crawford Fitting Co. v.
J.T. Gibbons, Inc., 482 U.S. 437, 441-42 (1987)).
Plaintiff seeks $643.22 in court costs, including $400.00 in
court filing fees pursuant to § 1920(1) and $243.22 in serviceof-process costs pursuant to Federal Rule of Civil Procedure
4(d)(2).

After a review of the record, the Court concludes

Plaintiff has established it is entitled to the costs it expended
for court filing fees and service of process pursuant to § 1920
and Rule 4(d)(2).
Accordingly, on this record the Court concludes Plaintiff is
entitled to $643.22 in costs.
II.

Attorneys’ Fees
“Under the ‘American rule,’ litigants ordinarily are

required to bear the expenses of their litigation unless a
statute or private agreement provides otherwise.”

Grove v. Wells

Fargo Fin. Cal., Inc., 606 F.3d 577, 579 (9th Cir. 2010)
(quotation omitted).

The Ninth Circuit has made clear that a

federal court sitting in diversity must apply state law when
deciding whether to allow attorneys' fees when those fees are
"connected to the substance of the case."
3 - ORDER

Northon v. Rule, 637

F.3d 937, 938 (9th Cir. 2011)(quotation omitted).

Oregon Revised

Statute § 20.096(1) provides:
In any action or suit in which a claim is made based on
a contract that specifically provides that attorney
fees and costs incurred to enforce the provisions of
the contract shall be awarded to one of the parties,
the party that prevails on the claim shall be entitled
to reasonable attorney fees in addition to costs and
disbursements, without regard to whether the prevailing
party is the party specified in the contract and
without regard to whether the prevailing party is a
party to the contract.
In its Amended Motion for Attorney Fees Plaintiff provided
sufficient evidence that the contract between Plaintiff and
Defendant entitles Plaintiff to reasonable attorneys’ fees in
this matter.

The Court also concludes the hourly rate charged by

Plaintiff’s counsel and the time expended are reasonable.
Accordingly, on this record the Court concludes Plaintiff is
entitled to $3,004.50 in attorneys’ fees.

CONCLUSION
For these reasons, the Court concludes Plaintiff is entitled
to $3,004.50 in attorneys’ fees and $643.22 in costs.
IT IS SO ORDERED.
DATED this 11th day of May, 2015.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
4 - ORDER