Hagen v. City of Eugene et al

Filing 124

ORDER: Granting Plaintiff's Motion for Attorney Fees 110 in the amount of $108,099.39; Plaintiff's Bill of Costs 111 is granted in the amount of $1,319.31. Signed on 6/5/12 by Chief Judge Ann L. Aiken. (sln)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF OREGON

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o R D E R

Civ. No. 06:10-CV-6100-AA

BRIAN HAGEN,
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Plaintiff,
vs.
CITY OF EUGENE, PETE KERNS,
JENNIFER BILLS, AND TOM EICHHORN,

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Defendants.
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AIKEN, Chief Judge:

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Plaintiff

filed

a

motion

for

attorney's

fees

and costs.

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Defendants object to plaintiff's fee request but do not oppose

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plaintiff's Bill of Costs.

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On

March

23,

2012,

judgment

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plaintiff in accordance with the

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brought pursuant to 42 U.S.C.

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1988 (b),
1 - ORDER

the

court,

in

its

§

was

entered

jury verdict.

1983.

in

favor

The case was

Pursuant to 42 U.S.C.

discretion,

may

of

award

§

reasonable

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attorney's fees to the prevailing party for actions brought under

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section 1983.
Plaintiff

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moves

attorney's

s

in

the

amount

of

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$108,114.

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$370.00 per hour.

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incurred by plaintiff, but do oppose the hourly rates requested.

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Plaintiff requests reimbursement for 292.2 hours at

intiff

Defendants do not oppose the number of hours

ies on the 2008 Oregon State Bar Economic Survey

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holding that 78% of the respondents with expe

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with plaintiff's counsel bill between $200 and $400 per hour.

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Therefore, plaintiff argues that $300 per hour is a reasonable

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hourly charge.

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experience" brought to this case, plaintiff argues that an upward

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adjustment

to

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inflation,

the reasonable hourly rate becomes $369.95

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(inflation rate

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total fee request of $108,099.39.

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ence commensurate

However, based on the "specialized training and

$350

r

hour

is

reasonable.

Adjusting

for
hour

5.7% in 2012) multiplied by 292.2 hours for a

Defendants, on the other hand, argue that the Oregon State

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Bar's 2008 survey of the OSB Civil

ghts section notes that the

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average hourly rate for First Amendment litigation was $225 to

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$274 per hour.l

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dollars,

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Applying

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defendants is $264.25 per hour multiplied by 292.2 hours for a

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total fee award of $77,213.85.

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Civil Rights Section survey shows that 45% of the respondents

Defendants suggest an hourly rate of $250 in 2008

adjusted for inflation, would be an appropriate rate.
the

5.7%

in

ation

rate,

the

I note,

rate

however,

suggested

by

that the OSB

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Defendants also cite to a 2007 Economic Survey by the Oregon
State Bar. The court will disregard this survey as it was supplanted
by the 2008 Oregon State Bar Survey.
2 - ORDER

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reported

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respondents reported a hourly rate of $300 to $399.

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fact

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experience,

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to $399 respondent category.

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a

that

hourly

rate

plaintiff's

of

$200

counsel

to

has

$299,

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and

years

27%

of

of

the

Given the
litigation

is reasonable that his fees fall within the $300

Therefore, I find that $300 per hour is a reasonable hourly

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fee charged by plaintiff's counsel.

I also find it reasonable

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and appropriate to adjust upward his fee by $50 per hour due to

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the specialized training and experience he brought to this case.

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That results in a total hourly charge of $350 per hour.

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in the 5.7 percentage rate for inflation,

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rate for legal services by plainti

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hour.

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multiplied by $369.95 per hour, results in a attorney fee award

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of $108,099.39.

The

attorney hours

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Adding

a reasonable hourly

's counsel is $369.95 per

worked in this

cases

total

292.2,

CONCLUSION

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Plainti

's motion for attorney's fees (doc. 110) is granted

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in the amount of $108,099.39.

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111) is granted in the amount

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Dated this

~ay

(doc.

$1319.31.

IT IS SO ORDERED.

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Plaintiff's Bill of Costs

of June 2012.

I
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Ann Aiken
United States District Judge

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3 - ORDER

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