The Bank of New York Mellon v. Smith et al

Filing 24

ORDER granting with modifications Defendant's 17 Motion for Attorney Fees. It is hereby ORDERED that attorneys' fees in the amount of $15,165.00 and costs in the amount of $400 shall be awarded to Defendant. Authorized by Judge Thomas S. Zilly. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE BANK OF NEW YORK
MELLON AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATE
HOLDERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES,
SERIES 2007-SD1 FKA THE BANK
OF NEW YORK,

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Plaintiff,

C18-764 TSZ
MINUTE ORDER

v.
KAREN D SMITH,

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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(1)
Defendant’s Motion for Attorney’s Fees, docket no. 17, is GRANTED with
modifications proposed in Defendant’s reply brief. 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, the underlying deed of trust provides for
the recovery of attorneys’ fees and costs, docket no. 11-5 at 27, and Defendant is the
prevailing party in this lawsuit in light of the order of dismissal with prejudice entered on
October 17, 2018, docket no. 16. The Court finds that the time expended and the
amounts charged are reasonable and therefore recoverable. Plaintiff concedes that

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MINUTE ORDER - 1

1 attorneys’ fees are justified, and only objects as to the amount. Plaintiff, however, fails to
identify any time entries or charges that it contends are duplicative or unreasonable.
2 Accordingly, it is hereby ORDERED that attorneys’ fees in the amount of $15,165.00
and costs in the amount of $400 shall be awarded to Defendant.
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(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 20th day of November, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2