IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

BARTELS PACKING INC., an Oregon 

corporation 

Plaintiff, 

v. 

KATAMA COMPANY, LLC an Illinois 

limited liability company and SCOTT 

LIVELY, an individual 

Defendants. 

MCSHANE, Judge: 

Civ. No. 6:14-cv-1562-TC 

OPINION AND ORDER 

Pursuant to the Judgment entered on October 24, 2016, plaintiff is entitled to reasonable 

attorney fees and costs. In a diversity action, the question of attorney's fees is governed by state 

law. Kabatoff v. Safeco Ins. Co. of America, 627 F.2d 207, 210 (91

h Cir. 1980). Under Oregon 

law, the court must determine if the party is entitled to attorney fees and if the requested fee is 

reasonable. Bennett v. Baugh, 164 Or.App. 243, 246 (1999). 

1- OPINION AND ORDER 

Case 6:14-cv-01562-TC Document 35 Filed 11/01/16 Page 1 of 3
In this action for breach of contract, the underlying note provided for payment of attorney 

fees in the event the payee is required to hire an attorney to collect on the note. Under ORS § 

20.096, a prevailing party in a contract action is entitled to attorney fees if the underlying 

contract specifically provides for an award of fees. 

Factors to be considered as guides in determining the reasonableness of a fee are Dutlined 

in Disciplinary Rule 2-106 of the Code of Professional Responsibility: 

( 1) The time and labor required, the novelty and difficulty of the questions 

involved, and the skill requisite to perform the legal service properly. 

(2) The likelihood, if apparent to the client, that the acceptance of the 

particular employment will preclude other employment by the lawyer. 

(3) The fee customarily charged in the locality for similar legal services. 

( 4) The amount involved and the results obtained. 

(5) The time limitations imposed by the client or by the circumstances. 

( 6) The nature and length of the professional relationship with the client. 

(7) The experience, reputation, and ability of the lawyer or lawyers 

performing the services. 

(8) Whether the fee is fixed or contingent. 

Plaintiff requests a fee award of $57,662 representing rates ranging from $300-310 per 

hour for attorney Rohn Roberts with 3 5 years experience, $200-240 for attorney Aaron 

Noteboom with 12 years experience, and $280 for attorney Brad Copeland with 28 years 

experience. Attorney Rohn Roberts spent a total of 43 hours working on the case, attorney 

Aaron Noteboom spent a total of 201.7 hours, and attorney Brad Copeland spent one hour. 

2-0PINION AND ORDER 

Case 6:14-cv-01562-TC Document 35 Filed 11/01/16 Page 2 of 3
l 

The 2012 Oregon State Bar economic survey indicates that attorneys in private practice 

in the lower Willamette Valley with 21-30 years of experience charged $300 per hour for the 75m 

percentile and $411 in the 95th percentile. Similarly, attorneys with 10-12 years experience 

charged $228 per hour in the 751

h percentile and $314 in the 95m percentile. Defendants have not 

objected to the hourly rates and the court finds the rates to be reasonable. 

Plaintiff initiated this action in State court over two years ago and defendants removed to 

this court. The parties proceeded to litigate the case ultimately negotiating a settlement in which 

plaintiff obtained a judgment of $1. 75 million and dismissal of all counterclaims. No objections 

have been filed with respect to the number of hours billed and the court finds the time spent on 

this litigation to be reasonable. Accordingly, the court grants the fee petition in the amount of 

$57,662. 

Plaintiff also seeks expenses of $1,323.70 for filing and service fees and the cost bill is 

allowed in that amount. 

CONCLUSION 

Plaintiffs motion for attorney fees and costs (#31) is granted in the amount of $57,662 in 

fees and $1,323.70 in costs. 

IT IS SO ORDERED. 

DATED this_·\_ day of November 2016. 

3 - OPINION AND ORDER 

\.... .:_ '------

Michael J. McShane 

United States District Judge 

Case 6:14-cv-01562-TC Document 35 Filed 11/01/16 Page 3 of 3