Philadelphia Indemnity Insurance Company v. Rowlen

Filing 22

MINUTE ORDER granting Plaintiff's 18 Motion for Attorney Fees. Attorney's fees in the amount of $3,936.50 shall be awarded to plaintiff. Authorized by Judge Thomas S. Zilly.(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PHILADELPHIA INDEMNITY
INSURANCE COMPANY,

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Plaintiff,
v.

C16-1912 TSZ
MINUTE ORDER

MATTHEW C. ROWLEN,

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable
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(1)
Plaintiff’s unopposed motion for attorney’s fees, docket no. 18 is
GRANTED. Under Washington law, the prevailing party in a contract dispute “shall be”
entitled to reasonable attorney’s fees and costs, if the contract in dispute specifically
provides for the award of fees and costs. See RCW 4.84.330; see also Merrell v. Renier,
2007 WL 1058726, at *2 (W.D. Wash. Apr. 5, 2007). The term “prevailing party” refers
to the party in whose favor final judgment is rendered. RCW 4.84.330. Here, Section 3
of the Commercial General Indemnity Agreement at issue in this lawsuit, Decl. of Wendy
Clime, Ex. 2, docket no. 16-2 at 2, specifically requires defendant to indemnify and hold
plaintiff harmless for attorney’s fees and costs incurred in enforcing the agreement and
plaintiff is the prevailing party in this lawsuit in light of the judgment entered in its favor,
docket no. 17. The Court finds that the time expended and the amounts charged are
reasonable and therefore recoverable. Accordingly, it is hereby ORDERED that
attorney’s fees in the amount of $3,936.50 shall be awarded to plaintiff.

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MINUTE ORDER - 1

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(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this19th day of May, 2017.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2