Bartels Packing, Inc. et al v. The Katama Company et al

Filing 35

ORDER: Plaintiff's Motion for Attorney Fees and Costs 31 is granted in the amount of $57,662. in fees and $1,323.70 in costs. Signed on 11/1/2016 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BARTELS PACKING INC., an Oregon
corporation
Plaintiff,
v.

Civ. No. 6:14-cv-1562-TC
OPINION AND ORDER

KATAMA COMPANY, LLC an Illinois
limited liability company and SCOTT
LIVELY, an individual
Defendants.

MCSHANE, Judge:
Pursuant to the Judgment entered on October 24, 2016, plaintiff is entitled to reasonable
attorney fees and costs. In a diversity action, the question of attorney's fees is governed by state
law. Kabatoff v. Safeco Ins. Co. of America, 627 F.2d 207, 210 (9 1h Cir. 1980). Under Oregon
law, the court must determine if the party is entitled to attorney fees and if the requested fee is
reasonable. Bennett v. Baugh, 164 Or.App. 243, 246 (1999).

1- OPINION AND ORDER

In this action for breach of contract, the underlying note provided for payment of attorney

fees in the event the payee is required to hire an attorney to collect on the note. Under ORS §
20.096, a prevailing party in a contract action is entitled to attorney fees if the underlying
contract specifically provides for an award of fees.
Factors to be considered as guides in determining the reasonableness of a fee are Dutlined
in Disciplinary Rule 2-106 of the Code of Professional Responsibility:
( 1) The time and labor required, the novelty and difficulty of the questions
involved, and the skill requisite to perform the legal service properly.
(2) The likelihood, if apparent to the client, that the acceptance of the
particular employment will preclude other employment by the lawyer.
(3) The fee customarily charged in the locality for similar legal services.
(4) The amount involved and the results obtained.
(5) The time limitations imposed by the client or by the circumstances.
(6) The nature and length of the professional relationship with the client.
(7) The experience, reputation, and ability of the lawyer or lawyers
performing the services.
(8) Whether the fee is fixed or contingent.

Plaintiff requests a fee award of $57,662 representing rates ranging from $300-310 per
hour for attorney Rohn Roberts with 3 5 years experience, $200-240 for attorney Aaron
Noteboom with 12 years experience, and $280 for attorney Brad Copeland with 28 years
experience. Attorney Rohn Roberts spent a total of 43 hours working on the case, attorney
Aaron Noteboom spent a total of 201.7 hours, and attorney Brad Copeland spent one hour.

2-0PINION AND ORDER

l

The 2012 Oregon State Bar economic survey indicates that attorneys in private practice
in the lower Willamette Valley with 21-30 years of experience charged $300 per hour for the 75m
percentile and $411 in the 95th percentile. Similarly, attorneys with 10-12 years experience
charged $228 per hour in the 75 1h percentile and $314 in the 95m percentile. Defendants have not
objected to the hourly rates and the court finds the rates to be reasonable.
Plaintiff initiated this action in State court over two years ago and defendants removed to
this court. The parties proceeded to litigate the case ultimately negotiating a settlement in which
plaintiff obtained a judgment of $1. 75 million and dismissal of all counterclaims. No objections
have been filed with respect to the number of hours billed and the court finds the time spent on
this litigation to be reasonable. Accordingly, the court grants the fee petition in the amount of
$57,662.

Plaintiff also seeks expenses of $1,323.70 for filing and service fees and the cost bill is
allowed in that amount.

CONCLUSION

Plaintiffs motion for attorney fees and costs (#31) is granted in the amount of $57,662 in
fees and $1,323.70 in costs.
IT IS SO ORDERED.
DATED this_·\_ day of November 2016.

\.... .:_

'------

Michael J. McShane
United States District Judge

3 - OPINION AND ORDER