Barker v. United States National Bank et al

Filing 29

ORDER: U.S. Bank's Motion for Fees 24 is Granted. Barker is ordered to pay U.S. Bank $6,307.50 in fees reasonably incurred in connection with Barker's improper removal. Signed on 7/9/2015 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR GREENPOINT
MORTGAGE FUNDING TRUST
MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2006-AR4,
Plaintiff,

Case No. 6:15-cv-00046-MC
ORDER

V.

MARY R. DUNHAM, et al.

Defendants.

MCSHANE, Judge:
As discussed in my March 16, 2015 order remanding this case to state court, Charles
Barker III improperly removed this action. ECF No. 17. I noted that under 28 U.S.C. § 1447(c),
Barker was liable for any costs and fees incurred by plaintiff U.S. Bank due to Barker's improper
removal. U.S. Bank seeks $6,307.50 in attorney fees resulting from the attempted removal.
Barker did not object to any of the requested fees and the time to do so has passed.
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As noted by U.S. Bank, the hourly rates sought for each attorney correspond with the
median hourly rate customarily charged by real estate attorneys in the Portland area with similar
years of experience. See ECF No. 25,

~IIJ

4-5. Attorneys for U.S. Bank spent 25.1 total hours on

this matter. Under these circumstances, 25.1 hours spent on matters connected with Barker's
improper removal is appropriate. Barker added greatly to the cost in large part by his repeated
attempts to connect this action with his separate federal action in civil case 14-2050. For
example, Barker filed a 23-page motion to consolidate and motion to strike. ECF No. 11.
Barker's motion to consolidate forced U.S. Bank's attorneys to wade through Barker's
voluminous filings in case number 14-2050. The complaint alone in that case consisted of 62.
pages with 18 separate causes of action against 7 banking and lending institutions. In short, 25.1
hours spent on matters connected to the improper removal here are certainly reasonable.
U.S. Bank's motion for fees, ECF No. 24, is GRANTED. Barker is ORDERED to pay
U.S. Bank $6,307.50 in fees reasonably incurred in connection with Barker's improper removal.
IT IS SO ORDERED.

DATEDthis j_th day of July, 2015.

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t..___ _

Michael McShane
United States District Judge

2-0RDER