DISTRICT COURT OF OREGON

COURTHOUSE NEWS
A Summary of Topical Highlights from decisions of the U.S. District Court for the District of Oregon
A Court Publication Supported by the Attorney Admissions Fund

Vol. XVII, No. 5, May 23, 2011

Attorneys Fees

CV 10-171-BR (Opinion, 3/22/11) Plaintiffs filed a Complaint for Plaintiffs Counsel: Dennis trademark infringement and also Steinman and Matthew Ellis sought relief under the franchise and common laws of several Plaintiff filed a Complaint against states including Oregon, Defendant Equifax and three Washington, California, and co-defendants (Experian Illinois. Neither Defendant made Information Solutions, Inc.; Trans an appearance or filed a Union, LLC; and NCO Financial responsive pleading to Plaintiffs Systems, Inc.) alleging each Complaint. Accordingly, the separately violated her rights under Court signed an Order of Default the Fair Credit Reporting Act Judgment against Defendants. (FCRA), 18 U.S.C. 1681, et seq. Plaintiffs requested the Court Plaintiff reached separate award attorneys fees in the confidential settlement agreements amount of $97,637.80 and costs of with NCO, Trans Union, and $1,615.02. The Court granted in Experian. As Plaintiff and Equifax part and denied in part Plaintiffs prepared for trial, they reached a settlement that led to the entry of a Motion and awarded Plaintiffs $95,471.25 in attorneys fees and Stipulated Judgment against Equifax in the amount of $275,000 $543.66 in costs. "plus reasonable attorney's fees to The Court reduced the requested fees for work performed be decided by the Court." The Judgment set a $325,000 ceiling on by an attorney, a paralegal, and two law clerks because Plaintiffs the amount of fees and costs that did not submit evidence to justify Plaintiff could seek or that the the requested fees. The Court also Court could award. The Court disallowed costs that were either granted in part and denied in part unsupported, duplicative, or were Plaintiff's Motions for Attorney beyond the scope of 28 U.S.C. Fees and Costs and awarded attorneys' fees in the amount of 1920. $298,959.75 and costs in the Galbraith v. Sloan, 1

amount of $12,338.07. The Court approved the requested $400 hourly rate for Attorney Robert Sola based on his skill, experience, and national prominence in FCRA matters. The Court, however, reduced the hourly rate requested for Plaintiffs paralegal as excessive. The Court also reduced the number of hours reasonably expended by Plaintiffs counsel to account for Plaintiffs lack of success in responding to Equifaxs Motion to Compel and to account for the clerical time spent to prepare billing records in support of Plaintiffs Motion. The Court also disallowed costs for depositions of expert witnesses taken to support damage theories Plaintiff conceded were unlikely to succeed. Jansen v. Experian, CV 05-385-BR (Opinion, 3/9/11) Plaintiffs Counsel: Justin Baxter, Michael Baxter, Robert Sola

In an action for violation of the Fair Debt Collection Practices

Act, the Court granted Plaintiff's Motion for Award of Attorney Fees and Plaintiff's Bill of Costs and awarded attorneys' fees to Plaintiff in the amount of $2,530.00 and costs in the amount of $350.00. The Court concluded a reasonable hourly rate for Plaintiff's counsel was $178 based on the 2007 Oregon State Bar Survey adjusted for inflation. Although Plaintiff requested a rate of $120 for paralegal work and a rate of $80 per hour for legalassistant work, the Court awarded Plaintiff $50 per hour for both paralegal and legal-assistant work because Plaintiff did not provide any information as to the experience of the paralegal and legal assistants. Thompson v. LVNV Funding CV 10-1042-BR (Opinion, 3/9/11) Plaintiff's Counsel: Joshua Trigstad Defense Counsel: David Jacobs MARK YOUR CALENDARS: Join us this Thursday, May 26, 2011, at the Annual FBA Spring Reception. It starts at 5:00 p.m. in the Lobby of the Hatfield Courthouse, 1000 S.W. 3rd Avenue, Portland. The cost is just $25 per person and entitles you to sample Oregon beers and wines as well as a variety of appetizers featuring fresh and local ingredients. To register go to: www.perkinscoie.com/FBARecep

tion2011 Or call Cynthia Nawrocki, 503-727-2186 On Thursday, June 9, 2011, the FBA and the Oregon Chapter of the National Bar Association jointly present, What is Islam? This is a one hour presentation by Dr. Mehrdad Kia, Associate Provost for International Education, at the University of Montana, at the Hatfield Courthouse, 1000 S.W. 3rd Ave, Portland in Courtroom 14A (14th floor). The presentation begins at 3:30 p.m. and ends at 5:00 p.m. There is a reception to follow in the 14th floor lobby. 1.0 hour diversity CLE (credit pending). There is no charge for this presentation. Space is limited. To reserve your spot please RSVP to Gosia_Fonberg@ord.uscourts.gov

Questions? Kelly.Zusman@usdoj.gov or Lora.E.Keenan@ojd.state.or.us On June 16, 2011, the FBA is pleased to host FBA members for the annual officer election lunch. The luncheon will begin at Noon at the University Club, 1225 SW 6th Avenue, Portland. Please RSVP by emailing your registration to Ann Fallihee, and remember there is no charge! afallihee@barran.com

On Thursday, June 23, 2011, the FBA will present: An Introduction to Federal Court, Federal Practice and Procedure for Summer Associates and Law Clerks. It will begin at Noon and end at 4:30 p.m. at the Hatfield Courthouse, 1000 S.W. 3rd Ave., Portland. Meet in the Jury Assembly Room at Noon for On June 9, 2011, the FBA and Lunch and a Courthouse Panel. the Oregon State Bar Appellate Practice Section are cosponsoring a There will be a Bench and Bar CLE titled: Demystifying Appeals: Social immediately following the Appellate Practice in State and program. To register, send $75 Federal Courts. The CLE begins per person, payable to the Oregon FBA to: Evelyn Winters, at 1:00 p.m and ends at 5:00 p.m and is scheduled in Courtroom 15A Bullivant Houser Bailey (15th floor) of the Hatfield 888 SW Fifth Ave, Ste. 300 Courthouse, 1000 S.W. 3rd Avenue, Portland, OR 97204 Portland. The cost is $50 and the Questions? presentation has been approved for evelyn.winters@bullivant.com 3.5 CLE credit hours. To register send a check made payable to Oregon FBA to Kelly Zusman, 1000 S.W. 3rd Ave., #600, Portland, OR 97204 2