Aragon v. RISE Law Group, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

HEATHER ARAGON, Civ. No. 1:22-cv-00935-CL

Plaintiff,

OPINION AND ORDER

Vv.

RISE LAW GROUP INC. ET AL.

Defendants.

CLARKE, Magistrate Judge. ‘

This case comes before the Court on Plaintiff's Motion for Attorney Fees (#75). The

Court previously issued an Order (#60) granting Plaintiff's Motion for Sanctions (#44) due to an

unprepared Fed. R. Civ. P. 30(b)(6) deposition. The Court also awarded reasonable attorney fees

and costs. Plaintiff now moves to collect the fees and costs. For the reasons below, Plaintiff's

motion is GRANTED. .

LEGAL STANDARD

The Ninth Circuit has adopted the “lodestar” method for calculating attorney fees.

Camacho vy. Bridgeport Fin., Inc., 523 F.3d 973, 978 (9th Cir. 2008). That calculation multiplies

a reasonable hourly rate by the number of hours reasonably expended in the litigation. ‘Hensley

Eckerhart, 461 U.S. 424, 433 (1983); Pennsylvania y. Del. Valley Citizens’ Council for Clean □

Air, 478 U.S. 546, 564 (1986). The court must then decide whether to enhance or reduce the □

1 OPINION AND ORDER

lodestar figure by evaluating several factors. Moreno vy. City of Sacremento, 534 F.3d 1106,

1111 (9th Cir, 2008).

The court may adjust the lodestar to account for factors such as: (1) the time and labor.

_ tequired; (2) the novelty and difficulty of the questions involved; (3) the skill requisite to

perform the legal service properly; (4) the preclusion of other employment by the attorney due to

acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time □

limitations imposed by the client ot the circumstances: (8) the amount involved and the results

obtained; (9) the experience, reputation, and ability of the attorneys;.(10) the undesirability of the

case; (11) the nature and length of the professional relationship with the client; and (12) awards

in similar cases. Kerr v. Screen Actors Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975). The court

need only consider the factors not already subsumed in the initial lodestar calculation. Fischer v.

SUB-P. D., Inc., 214 F.3d 1115, 1119 n.4 (9th Cir. 2000). There is a strong presumption that the

lodestar method produces a reasonable figure and should only be enhanced or reduced □□

exceptional circumstances. Del. Valley Citizens, 478 USS. at 565; Fischer, 214 F.3d at 1119 n.4.

. Courts have discretion, however, to adjust the lodestar figure either: (1) downward if the plaintiff

has achieved only partial or limited success or if the fee is otherwise unreasonable, Hensley, 461

US. at 435-36, or (2) upward in “rare” and “exceptional” cases. Del. Valley Citizens, 478 U.S.

at 565.

DISCUSSION

Plaintiff seeks an award of $17,595 in attorney fees and $1,545.95 in costs. Defendants

do not object. The Court grants these fees and costs without adjustment.

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A. _ Reasonable Hourly Rate’

The calculation of reasonable attorney fees begins with the lodestar calculation. The

Court must therefore determine the reasonable hourly rate and multiply that rate by the number □

of hours reasonably expended in the case. .

_ A reasonable hourly rate is determined by looking at “prevailing market rates in the

relevant community,” as well as the skill, experience, and reputation of the lawyer. Blum v.

Stenson, 465 U.S. 886, 895 (1984); United States v. $28,000 in U.S. Currency, 802 F.3d 1100,

1 105 (9th Cir. 2015). The party requesting the fees has the burden of producing “satisfactory

evidence,” in addition to the affidavits of counsel, that the requested rates are in step with those

“prevailing in the community for similar services by lawyers of reasonably comparable skill,

experience, and reputation.” Dang v. Cross, 422 F.3d 800, 814 (9th Cir. 2005) (internal

quotation marks and citation omitted). The best evidence of the prevailing rates in Oregon is the

Oregon State Bar Economic Survey, most recently issued in 2022. LR 54-3; Roberts v.

Interstate Distrib. Co., 242 F. Supp.2d 850, 857 (D. Or. 2002); Mumford v. Electric Inst., Inc.,

Case No. 3:15-cv-00375-AC, 2016 WL.8711693, at *2 (D. Or. April 29, 2016).

The Oregon State Bar Economic Survey of 2022 breaks down hourly rates for attomeys □

based in Portland as follows:

Debi Elliott et al., Oregon State Bar 2022 Economic Survey (Mar. 2023), 22EconomicSurvey.pdf

(osbar.org). In this case, Plaintiff had the assistance of two Portland-based attorneys. Stephanie

3 OPINION AND ORDER .

Brown, who was admitted to the Oregon State Bar in 2003, is requesting an hourly rate of $450.

Karen Moore, admitted in 2004, is also requesting an hourly rate of $450. Considering the

experience level and location of Plaintiff's attorneys, the Court concludes that a rate of $45 0 per

hour for both attorneys is reasonable.

B. Reasonable Number of Hours

The party seeking the fee award bears the burden of demonstrating the number of hours

spent was reasonably necessary to the litigation and that counsel made “a good faith effort to

exclude froma fee-request hours that are excessive, redundant, or otherwise unnecessary.”

Hensley, 461 U.S. at 434. This burden can be satisfied by submitting documentary evidence

supporting the hours worked and fees claimed. Jd. at 433; United States v. $28,000 in U.S.

Currency, 802 F.3d 1100, 1105 (9th Cir. 2015). Fee petitions that include inadequate detail □□ □

that fail to separate time for individual tasks may be totally or partially denied or apportioned

‘accordingly. See F ischer, 214 F.3d at 1121 (noting district court has authority to reduce or deny

_ fee requests that are “poorly documented.”).

_ Plaintiff is seeking 22.20 hours for Ms. Brown and 16.90 hours for Ms. Moore, both at-

the $450 rate. Plaintiff's attomeys made voluntary reductions to the fees requested, reducing the

total time billed: by almost 10 hours from the total time recorded. After reviewing the

documentary evidence, the Court is satisfied that Plaintiff's attorneys have provided sufficient

detail regarding the hours worked and the tasks and the fees billed. Thus, the Court concludes the

hours billed in this case are reasonable.

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Cc. Kerr Factors . .

The Court finds that the Kerr econ do not require an adjustment of the lodestar amount,

which is presumed Peneone blew Wdciionally, Defendants do not object to Plaintiff's attorneys’

hourly rates or hours billed.

D. Deposition Transcript and Video Costs _

The Court previously approved Plaintiff's request foncoct associated with the 30(b)(6)

‘deposition of Rise Law. Plaintiff has submitted invoice.records detailing the costs associated

‘with the deposition. The invoice addressed to Ms. Brown charges a total of $470.00 for video

services. The invoice addressed to Ms. Moore charges a total of $1,075.95 for reer and □

associated services. In total the invoices add to $1,545.95 which is reflected in the costs

requested by Plaintiff. The Court deems these costs reasonable.

CONCLUSION

For the reasons set out above, Plaintiffs Motion for Attorney’s Fees (#75) is GRANTED. -

Plaintiff is awarded reasonable and necessary attorney fees for the Fed. R. Civ. P. 30(b)(6)

deposition of Rise Law in the aout of $17,595.00 and for costs and dis sersements of .

$1,545.95.

ITIS SO ORDERED and DATED this *aey of Ociet6r, 2024

Z & D. CLARKE

United States Magistrate Judge

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