Geiger et al v. Kitzhaber et al

Filing 146

ORDER: Granting Stipulated Motion for Attorney Fees 127 . Signed on 8/19/2014 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DEANNA L. GEIGER and JANINE M.
NELSON; ROBERT DUEHMIG and
WILLIAM GRIESER,
Plaintiffs,

Case No. 6:13-cv-01834-MC
(lead case)

ORDER

V.

JOHN KITZHABER, in his official capacity
as Governor of Oregon; ELLEN
ROSENBLUM, in her official capacity as
Attorney General of Oregon; JENNIFER
WOODWARD, in her official capacity as
State Registrar; Center for Health Statistics,
Oregon Health Authority, and RANDY
WALRUFF, in his official capacity as
Multnomah CountyAssessor,
Defendants.

PAUL RUMMELL and BENJAMIN WEST;
LISA CHICKADONZ and CHRISTINE
TANNER; BASIC RIGHTS EDUCATION
FUND,
Plaintiffs,
1 -OPINION AND ORDER

Case No. 6:13-cv-02256-MC
(trailing case)

JOHN KITZHABER, in his official capacity
as Governor of Oregon; ELLEN
ROSENBLUM, in her official capacity as
Attorney General of Oregon; JENNIFER
WOODWARD, in her official capacity as
State Registrar, Center for Health Statistics,
Oregon Health Authority, and RANDY
WALRUFF, in his official capacity as
Multnomah County Assessor,
Defendants.

MCSHANE, Judge:
Pending before me is a stipulated agreement on attorneys fees and costs for the Geiger
plaintiffs. ECF No. 144. As prevailing parties in this 42 U.S.C. § 1983 action, plaintiffs are
entitled to reasonable fees. § 1988. This agreement follows the original request for fees and
costs, and is a substantial reduction from the original request. Although this is a stipulated
agreement regarding fees, I have an independent duty to review the reque,~t. Gates v.

Deukmejian, 987 F.2d 1392, 1401 (9th Cir. 1992). In determining a reasonable attorney fee,. the
I

court applies the lodestar method to determine the reasonable hourly fee, and then multiple that
by the number of hours the attorney reasonably spent on the case. Gonzalez v. City of Maywood,
729 F.3d 1196, 1202 (9th Cir. 20 13). "[E]xcessive, redundant, or otherwise unnecessary" hours
are not recoverable. Id. at 1203 (quotingMcCownv._CityofFontana, 565 F.3d 1097,1102 (9th
.Cir. 2008).
The parties agree·that $350 per hour is a reasonable fee for lead attorney Lake Perriguey .
. Considering the legal issues involved in this matter, along with Mr. Perriguey' s experience, I
agree. The request aligns with the Oregon State Bar survey on fees. I note Mr. Perriguey agreed
2 -OPINION AND ORDER

-.
to a 25% reduction in his total fees. The 285.6 hours expended in this matter of first impression
in Oregon are reasonable, with a total payment of $75,000.
Similarly, I agree with the parties that a reduced rate of $300 for Ms. Easton is
reasonable, given her experience and the issues involved here. Additionally, Ms. Easton
voluntarily marked numerous entries at "NO CHARGE" and the total hours sought are 171.30.
The payment of $51,390 is reasonable.
Ms.

Teto~

seeks $6,300 for 36 hours at $175 per hour, which I conclude is reasonable

here given Ms. Teton's experience. All of the above requests fall within the Oregon State Bar
survery.
The mileage costs of $967.50 are approved.
IT IS SO ORDERED.
DATED thisJ,_Dt+---th day of August, 2014.

t

. L

Michael McShane
.United States District Judge

3 - OPINION AND ORDER