Beaver State Motorcycles, LLC et al v. BMW (US) Holding Corp et al

Filing 78

ORDER: Defendant's Cost Bill 60 is granted in the amount of $1,594.45 and defendant's Motion for Attorney Fees 57 is denied. Signed on 9/23/2011 by U.S. District Judge Michael R. Hogan. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION

BEAVER STATE MOTORCYCLES, LLC, and
OREGON TRAILS MOTORCYCLES, LLC,
Plaintiff,
v.

Civil No. 10-618B-HO
ORDER

BMW (US) HOLDING CORP, and BMW OF
NORTH AMERICA, LLC,
Defendants.
Plaintiffs brought this action alleging violation of ORS

§

650.158

seeking reimbursement for warranty work, service and supply expenses
and parts at rates charged to non-warranty customers.
of competing motions for summary judgment,
obtained a judgment in its favor.
judgment.

After the filing

defendant prevailed and

Plaintiffs have appealed that

Defendant now seeks an award of fees and costs.

Defendant's

cost bill is allowed in the amount of $1,594.45. '
'Plaintiff objects to $250 for service
contending
that
the
invoices
attached
to

of summons and subpoena
the
cost
bill
to
not
(continued ... )

In an action under ORS

§

650.158, the court may award reasonable

attorney fees and costs to the prevailing party.

ORS

§

650.170(3).

Defendant seeks $115,935 in fees and $2,335.56 in expenses.

Although

the court is mindful of the considerable efforts in defending this case
necessitated by plaintiff's litigation strategy, in considering the
relevant factors,' the court exercises its discretion to deny an award
of fees.

1 ( •••

continued)

demonstrate
summons
and
subpoenas
sununons
and subpoenas
were
served..

were

served

Accordingly,

and
notes
the cost

that
bill

no
has

been reduced by $250.

'A

court

whether

of

shall
to

award

attorney

court

has

fees

consider
attorney

is

discretion

the

following

fees

in

authorized
to

decide

any

by

factors
case

statute

whether

to

in

in

determining

which

an

in

which

and
award

attorney

(a)
The
conduct
of
the
parties
in
the
transactions
or
occurrences
that
gave
rise
to
the
litigation,
including
any
conduct
of
a
party
that
was
reckless,
willful,
malicious,
in bad faith or illegal.

(b)
The objective reasonableness
of
and defenses asserted by the parties.
(c)
The
extent
to
which
attorney
fee
in
the
case
from
asserting
good
faith
in similar cases.

the

claims

an
award
of
an
would
deter
others
claims
or
defenses

(d)
The
extent
to
which
award
an
attorney
fee
in
the
would
deter
case
from asserting meritless claims and defenses.

of
an
others

(e)
The
objective
reasonableness
of
parties
and
the
diligence
of
the parties
their attorneys during the proceedings.

the
and

(f)
The
objective
reasonableness
of
parties
and
the
diligence
of
the
parties
pursuing settlement of the dispute.

the
in

(g) The amount that the court has
prevailing party fee under ORS 20.190.

awarded

as

a

(h)
Such
other
factors
as
the
court
may
consider
appropriate
under
the
circumstances
of the case.
ORS § 20.075(1).
2

ORDER

award

the
fees:

CONCLUSION
For the reasons stated above,

defendant's cost bill

(#60)

is

granted in the amount of $1,594.45 and defendant's motion for attorney
fees (#57) is denied.

DATED this

of September, 2011.

Judge

3 - ORDER