United States District Court, D. Oregon
ORGANIC MATERIALS REVIEW. INSTITUTE, an Oregon nonprofit corporation Plaintiff,
FLEA AWAY, INC., a California Corporation; SIMON BOWLES and LILIAN BOWLES, Defendants.
OPINION AND ORDER RE: ATTORNEY FEES
Michael McShane, United States District Judge
filed this motion for attorneys' fees, ECF No. 16, in the
amount of $7, 591.60 pursuant to 15, U.S.C. § 1125(a);
Fed.R.Civ.P. 54(d)(2); and LR 54-3; and Bill of Costs, ECF
No. 18, in the amount of $1, 372.58.. This Court previously
granted plaintiff's motion for entry of default, ECF No.
12, and plaintiff's motion for default judgment, ECF No.
14. Upon review, plaintiffs' motion for attorneys'
fees, ECF No. 16, is GRANTED.
determine the amount of a reasonable fee, this Court proceeds
in two steps. First, this Court applies the lodestar method
to determine what constitutes a reasonable attorney fee.
See Hensley v. Eckerhart, 461 U.S. 424, 433 (1983).
Second, this Court may “then adjust [the lodestar]
upward or downward based on a variety of factors.”
Gonzalez v. City of Maywood, 729 F.3d 1196, 1202
(9th Cir. 2013) (citations omitted) (internal quotation marks
omitted). This Court addresses each step in sequence.
the lodestar method, [this Court] multiplies the number of
hours the prevailing party reasonably expended on the
litigation by a reasonable hourly rate.” Id.
(citations and internal quotation marks omitted). “The
number of hours to be compensated is calculated by
considering whether, in light of the circumstances, the time
could reasonably have been billed to a private client.”
Moreno v. City of Sacramento, 534 F.3d 1106, 1111
(9th Cir. 2008). To determine the “reasonable hourly
rate to use for attorneys and paralegals in computing the
lodestar amount[, ]” this Court looks to the
“prevailing market rates in the relevant
community.” Gonzalez, 729 F.3d at 1205
(citations and internal quotation marks omitted). Plaintiffs
worked 38.20 hours and seek rates as follows:
Frank C. Gibson
Megan I. Livermore
Legal ass't / legal secretary
$110.00 / $58
See Aff. of Frank C. Gibson, ECF No. 17. Upon
review, this Court is satisfied that defendants' sought
number of attorney hours is reasonable under the
circumstances. Likewise, defendants' sought attorney
hourly rates are consistent with the Oregon State Bar
2012 Economic Survey in light of each attorneys'
“experience, skill, and reputation.”
Gonzalez, 729 F.3d at 1205-206 (citations and
internal quotation marks omitted).
making that computation, [this Court] then assess[es] whether
it is necessary to adjust the presumptively reasonable
lodestar figure on the basis of [the Kerr]
factors.” Ballen v. City of Portland, 466 F.3d
736, 746 (9th Cir. 2006) (citations omitted). This Court,
having reviewed the Kerr factors, declines to
further adjust the lodestar computation. See Id.
(“[O]nly in in rare circumstances should a court adjust
the lodestar figure, as this figure is the presumptively
accurate measure of reasonable fees.” (citations
these reasons, defendants' motion for attorney fees and
bill of costs, ECF No. 16 and 18, are GRANTED. Defendants are
awarded attorney fees in the amount of $7, 591.60 and costs
in the amount of $1, 372.58.