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United States v. Montagne Development, Inc.

United States District Court, D. Oregon

May 29, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
MONTAGNE DEVELOPMENT, INC.; MULTI/TECH ENGINEERING SERVICES, INC.; DAVID A. MONTAGNE; WILLIAM D. JONES; DAV II INVESTMENT GROUP, LLC; GATEWAY II, LLC; and GATEWAY I, LLC, Defendants. and FAIR HOUSING COUNCIL OF OREGON, Plaintiff-Intervenor,

S. AMANDA MARSHALL, United States Attorney, ADRIAN L. BROWN, Assistant United States Attorney, Portland, OR, BURTIS M. DOUGHERTY, JR., U.S. Department of Justice, Civil Rights Division, Housing & Civil Enforcement Section, Washington, D.C., JULIE JACKSON ALLEN, U.S. Department of Justice, Washington, D.C., Attorneys for Plaintiffs.

DENNIS STEINMAN, Kell, Alterman & Runstein, LLP, Portland, OR, Attorneys for Plaintiff-Intervenor.

JOHN LORING LANGSLET, STEPHEN P. YOSHIDA, Martin Bischoff Templeton Langslet & Hoffman, Portland, OR, Attorneys for Defendant Multi/Tech Engineering Services, Inc.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (F&R)(#130) on March 10, 2014, in which he recommends this Court grant in part and deny in part the Motion (#110) for Attorneys' Fees of Plaintiff-Intervenor Fair Housing Council of Oregon (FHCO) in which FHCO seeks $182, 518.19 in attorneys' fees. The Magistrate Judge recommends this Court award fees to FHCO in the amount of $47, 009.79.

FHCO filed timely Objections to the Findings and Recommendation on March 24, 2014. This matter is now before this Court pursuant to 28 U.S.C. ยง 636(b)(1) and Federal Rule of Civil Procedure 72(b).

I. Summary of Recommendations

Magistrate Judge Papak recommends this Court award attorneys' fees to FHCO in the amount of $47, 009.79 to be paid by Defendant Multi/Tech Engineering Services, Inc., [1] on the grounds that the Court should:

(1) Exclude 8.90 hours of Dennis Steinman's requested time, 47.30 hours of Matthew Ellis's requested time, and 26.30 hours of Scott Aldworth's time - on the grounds that such hours were block billed, duplicative, or inadequately documented.
(2) Reduce the total amount of fees FHCO incurred in litigating the merits of the case by 10 percent to account for excessive time spent conferencing with the Department of Justice attorneys.
(3) Set the hourly rates for FHCO's attorneys based on historic rates as follows:

(4) Decline to apply a multiplier to upwardly adjust the ...

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