United States District Court, D. Oregon
GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, Plaintiff,
EDWARD D. JACKSON, dba JSI Motors, individually and an assumed business name, et al., Defendants
COOK Law, LLC Attorney for Plaintiff
OPINION AND ORDER
J. BROWN, United States Senior District Judge
matter comes before the Court on Plaintiff's Motion (#78)
for Award of Attorney Fees and Bill of Costs (#81) against
Defendant Edward D. Jackson. For the reasons that follow, the
Court GRANTS Plaintiff's Motion and
AWARDS Plaintiff attorneys' fees of
$22, 776.00 and COSTS in
the amount of $1, 590.37.
is an Ohio corporation authorized to post surety bonds and to
transact business in Oregon.
April 19, 2016, Plaintiff Great American Insurance Company
posted an Oregon Motor Vehicle Bond in the amount of $40,
000.00 with the State of Oregon on behalf of Defendant
Jackson, dba JSI Motors, Inc. The bond was required pursuant
to Oregon Revised Statutes § 822.030 in order for
Jackson to obtain a motor-vehicle certificate to conduct an
automobile sales business in Oregon. Jackson signed the
Surety Bond Agreement. The bond was effective beginning April
19, 2016, but was cancelled on September 7, 2016.
individuals and companies asserted claims against Jackson
that arose during the bond period. The total claims exceeded
the face amount of the bond.
October 19, 2016, Plaintiff filed an Interpleader Complaint
in this Court to resolve the competing claims made against
the bond. Plaintiff named Jackson as a defendant and,
pursuant to the terms of the bond, asserted a claim of
indemnity for all costs and expenses (including
attorneys' fees) that were incurred by Plaintiff as a
consequence of posting the bond and paying the claims against
Jackson. Jackson was personally served with Summons and
Complaint, but he failed to answer or otherwise to appear
within the time required.
August 2, 2017, the Court granted Plaintiff's Motion for
Default and issued an Order of Default against Jackson.
November 9, 2017, the Court entered Default Judgment in the
amount of $40, 000.00 against Jackson in favor of Plaintiff.
I. Motion for Award of Attorneys'
Plaintiff is entitled to reasonable attorneys'
Surety Bond posted on behalf of Jackson provides:
In consideration of the execution, renewal or continuation by
the Surety of the Bonds, the Undersigned, jointly and
severally, agree . . . [t]o indemnify the Surety against all
loss, liability, costs, damages, attorney's fees and
expenses whatever, which the Surety may sustain or incur by
reason of executing the Bonds, in making any investigation on
account thereof, in prosecuting or defending any action which
may be brought in connection therewith, in obtaining a
release therefrom, and in enforcing any of the agreements
based on this contractual agreement between the parties, the
Court concludes Plaintiff is entitled to recover reasonable
Plaintiff is entitled to attorneys' fees in the ...