Cruz-Almaraz v. Bourke Construction, Inc. et al

Filing 98

ORDER: Plaintiff's Motion for Attorney Fees 95 is granted to the extent set forth and plaintiff is awarded $27,074.00 in attorney fees and $636.00 in costs. Signed on March 9, 2012 by Chief Judge Ann L. Aiken. (cp)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JUAN CRUZ-ALMARAZ,

Case No. 6:09-cv-1210-AA

Plaintiff,

ORDER

v.

BOURKE CONSTRUCTION, INC., a
corporation incorporated in
Oregon and Washington states;
MATTHEW BOURKE, individually;
and INSURANCE COMPANY OF THE
WEST, a California
corporation,
Defendants.
AIKEN, Chief Judge:
Plaintiff filed suit alleging wage and hour violations under
Oregon and Washington state laws and the Fair Labor Standards Act,
29 U.S.C.

§

201,

et seq.

The court granted plaintiff's partial

summary judgment, and after voluntarily dismissal of plaintiffs'
remaining claims, judgment was entered in favor of plaintiff in the
amount of $42,707.91. Plaintiff now seeks costs and attorney fees.
As set forth in the court's Opinion and Order filed July 27,
1 - ORDER

2011, plaintiff obtained a favorable judgment and is entitled to an
award of attorney fees. When determining the reasonab
,

the Ninth Circu

amount of

rally applies a lodestar/multiplier

approach. Grove v. Wells Fargo Fin. Cal., Inc., 606 F.3d 577, 582
(9th Cir.

2010).

The party seeking an award of

s

bears the

burden of supporting the hourly rates claimed and documenting the
appropriate number of hours worked.
F.3d 1097,

1102

(9th Cir.

2009);

McCown v. City of Fontana, 565
United Steelworkers of Am.

v.

Retirement Income Plan for Hourly-Rated Employees of Asarco, Inc.,
5

F.3d 555, 565 (9th
of

r. 2008). However, "[iJn determining the

appropriate

number

hours

to

be

included

calculation,

in

the district court should exc

a

hours

lodestar
'that are

excessive, redundant, or otherwise unnecessary.'" McCown, 565 F.3d
at 1102 (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)).
I

find

reasonable

counsel, in light of
find most of the

hourly

sought

ir experience and
hours

ine to award fees

rates

to be

by plaintiff's
ise.

reasonable.

for non-legal

I similarly
However,

I

cal tasks (such

as reviewing notices from the court), administrative work (such as
creating and updating spreadsheets)
notes to the file)

and s

that generally are cons

Nadarajah v. Holder, 569 F.3d 906, 921 (
rical tasks are bill
t

r

tasks

overhead.
r. 2009)

See,
("When

at hourly rates, the court should reduce

hours requested to account for the billing errors.").

2 - ORDER

(such as

Accordingly,
i

I

reduce

the

hours

's Motion for Attorney Fees

extent set forth above,

and

requested by 12.3
(doc.

95)

iff is awarded $27,074.00 in

attorney fees and $636.00 in costs.
IT IS SO ORDERED.
Dated this

~

United

3

ORDER

of Ma

is GRANTED to t

, 2012.

District Judge