Winter v. Guard Force International, Inc.

Filing 24

ORDER - Plaintiff's Motion for Attorney Fees and Bill of Costs (ECF 18 ) is GRANTED. Plaintiff is awarded $17,387.50 in fees and $455.00 in costs. Signed on 8/28/2017 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

RANDALEE PAIGE WINTER,
Plaintiff,

Case No. 3:16-cv-2408-SI
ORDER

v.
GUARD FORCE INTERNATIONAL,
INC.,
Defendant.
Michael H. Simon, District Judge.
Plaintiff Randalee Paige Winter (“Plaintiff”) brings this lawsuit against her former
employer, Defendant Guard Force International, Inc. (“Defendant”), alleging that Defendant
retaliated against her when she reported that her supervisor was asleep on duty. The Court
entered default judgment for Plaintiff on July 25, 2017. ECF 14. Before the Court is Plaintiff’s
Motion for Attorney Fees and Bill of Costs (ECF 18). For the reasons that follow, Plaintiff’s
motion and bill of costs are granted.
Plaintiff is entitled to reasonable attorney’s fees and costs under Or. Rev. Stat.
§§ 20.107(1) and 659A.885(1). The Court calculates the amount of attorney’s fees using the
lodestar method. “Under the lodestar method, a court determines a reasonable attorney fee award

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by multiplying the reasonable hours expended by a reasonable hourly rate and, when appropriate,
enhancing the lodestar amount with a fee multiplier.” Moro v. State, 360 Or. 467, 472 (2016).
Plaintiff requests $6,525.00 in attorney’s fees for 14.5 hours worked by Attorney Aaron W.
Baker, at a rate of $450.00 per hour, and $10,862.50 in attorney’s fees for 39.5 hours worked by
Attorney Ashley Bannon Moore, at a rate of $275.00 per hour. Plaintiff does not seek a
multiplier.
Mr. Baker has spent 20 of his 25 years as a member of the Oregon State Bar practicing
employment law. Ms. Moore has been a practicing attorney for six years and currently focuses
exclusively on employment litigation. Based on the Oregon State Bar 2012 Economic Survey,
available at https://www.osbar.org/_docs/resources/econsurveys/12economicsurvey.pdf, the
Court finds hourly rates of $450.00 for Mr. Baker and $275.00 for Ms. Moore are reasonable.
The Court also finds that the number of hours sought are reasonable.
As costs, Plaintiff also seeks $400.00 for filing this lawsuit and a $55.00 service fee. The
Court finds that $455.00 in costs is reasonable.
Plaintiff’s Motion for Attorney Fees and Bill of Costs (ECF 18) is GRANTED. Plaintiff
is awarded $17,387.50 in fees and $455.00 in costs.
IT IS SO ORDERED.
DATED this 28th day of August, 2017.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge

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