Page 1 of 2 – MOTION FOR AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, OSB# 062849

jbraunstein@clarkebalcomlaw.com

E. Clarke Balcom, OSB# 011952

cbalcom@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

MOTION FOR AN AWARD OF

ATTORNEY FEES AND COSTS

Pursuant to FRCP 54(d)(2) and LR 54.3, Plaintiffs move the Court for an award of 

attorney fees and costs in the amount of $22,284.46. Plaintiffs are entitled to an award of 

attorney fees and costs pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 

1692k(a)(3).

This motion is supported by the declaration of Jacob D. Braunstein together with the 

memorandum of law filed contemporaneously with this motion. For the reasons set forth in the 
Page 2 of 2 – MOTION FOR AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

attached memorandum of law, the attorney fees sought in this matter are reasonable and 

supported by the FDCPA and applicable legal authority.

Respectfully submitted this 13th day of July 2016,

CLARKE BALCOM, P.C.

By: /s/ Jacob D. Braunstein 

Jacob D. Braunstein, OSB No. 062849

Email: jbraunstein@clarkebalcomlaw.com

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201

Telephone: 503-224-5950

Fax: 503-467-4669

Of Attorneys for Plaintiff
Page 1 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, OSB# 062849

jbraunstein@clarkebalcomlaw.com

E. Clarke Balcom, OSB# 011952

cbalcom@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

MEMORANDUM IN SUPPORT OF 

PLAINTIFF’S MOTION FOR AN AWARD 

OF ATTORNEY FEES AND COSTS

On August 30, 2007, Plaintiffs Nathaniel J. Applefield and Lisbeth Applefield filed a 

complaint alleging that Defendant Pinnacle Asset Group, LLC, violated the Fair Debt Collection 

Practices Act, 15 U.S.C. § 1692 et seq. (‘‘FDCPA’’), as well as the Telephone Consumer 

Protection Act, 47 U.S.C. § 227 et seq., and the Oregon Unlawful Debt Collection Practices Act, 

ORS 649.639 et seq. Defendant failed to appear or otherwise defend and a default judgment was 

entered against Defendant and for Plaintiffs on June 29, 2016.
Page 2 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

STATEMENT OF FACTS

In this litigation, Plaintiffs were represented by Clarke Balcom, P.C. Clarke Balcom, 

P.C., expended 75.6 hours during the course of this litigation. Clarke Balcom, P.C. employed 

two attorneys, Mr. E. Clarke Balcom and Mr. Jacob D. Braunstein, and five paralegals, Ms. Chris 

Flamm, Ms. Eloise Tiller, Ms. Amy Kaufman, Ms. Hollande Lawrence and Ms. Michelle 

Benedict, during the course of Clarke Balcom, P.C.’s representation of Plaintiffs regarding 

allegations against Defendant stemming from Defendant’s violation of the FDCPA, TCPA and 

OUDCPA. 

Mr. Jacob D. Braunstein, the lead attorney, expended 57.2 hours in representation of 

Plaintiff (Paragraph #8, Declaration of Jacob D. Braunstein in Support of Plaintiffs’ Motion for 

an Award of Attorney Fees). The reasonable hourly rate for an attorney of Mr. Braunstein’s 

experience is $350.00 (Paragraph #11, Decl. of Jacob D. Braunstein). Mr. E. Clarke Balcom, the 

senior attorney, expended 1.7 hours in representation of Plaintiff (See Exhibit A). The reasonable 

hourly rate for an attorney of Mr. Balcom’s experience is $375.00 (Paragraph #8, Decl. of E. 

Clarke Balcom).

Ms. Chris Flamm, a paralegal of Clarke Balcom, P.C., expended 9.3 hours during the 

course of Clarke Balcom P.C.’s representation of Plaintiffs (Paragraph #19, Decl. of Chris 

Flamm). The reasonable hourly rate for a paralegal of Ms. Chris A. Flamm’s experience is 

$160.00 (Paragraph #14, Decl. of Chris Flamm). All other legal assistants expended 7.4 hours 

during the course of Clarke Balcom, P.C.’s representation of Plaintiffs (Paragraph #20, Decl. of 

Chris Flamm).

An amount totaling $22,281.46 is sought as attorney fees and costs for Clarke Balcom, 

P.C.’s representation of Plaintiffs. See Paragraph #7 of Declaration of Jacob D. Braunstein.
Page 3 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

STATEMENT OF QUESTION PRESENTED

Question: Are Plaintiffs entitled to an award of reasonable attorney fees?

Answer: Plaintiffs respectfully submit that this question should be answered in the 

affirmative.

ARGUMENT

I. Plaintiffs Were Successful In This Action

The Fair Debt Collection Practices Act requires the payment of costs and reasonable attorney 

fees to a successful consumer.

[A]ny debt collector who fails to comply with any provision of this 

subchapter . . . is liable to such person in an amount equal to the 

sum of—[actual damages] [statutory damages] . . . and (3) in the 

case of any successful action to enforce the foregoing liability, the 

costs of the action, together with a reasonable attorney fee as 

determined by the court.

15 U.S.C. §1692k(a).

The language of the FDCPA makes an award of attorney fees mandatory. Mace v. Van Ru 

Credit Corp., 69 F.3d 338, 345 fn3 (7th Cir. 1997), citing Tolentino v. Friedman, 46 F.3d 645,651 

(7th Cir. 1995). In litigation pursuant to the Fair Debt Collection Practices Act, the Second 

Circuit stated ‘‘the award of attorney fees to plaintiffs for a debt collector’s violation of ‘any 

provision’ of the FDCPA is mandatory’’ Pipiles v. Credit Bureau of Lockport, Inc., 886 F.2d 22, 

28 (2d Cir. 1989), citing Emanuel v. American Credit Exchange, 870 F.2d 805, 809 (2d Cir. 

1989).

“Under the Fair Debt Collection Practices Act (‘‘FDCPA’’), the prevailing plaintiff is 

entitled to ‘a reasonable attorney’s fee as determined by the court.’ 15 U.S.C. §1692k(a)(3). 

Such an award is mandatory under the FDCPA.’’ Edwards v. National Business Factors, Inc., 
Page 4 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

897 F.Supp. 458, 459 (D.Nev. 1995) (citations omitted). As the prevailing party in this case, 

Plaintiffs are entitled to an award of costs and reasonable attorney fees. Thorpe v. Collection 

Information Bureau, Inc., 963 F.Supp. 1172, 1174 (S.D.Fla. 1996). Given the structure of the 

attorney fee provision, “attorney’s fees should not be construed as a special or discretionary 

remedy; rather, the Act mandates an award of attorney fees as a means of fulfilling Congress’s 

intent that the Act should be enforced by debtors acting as private attorneys general.’’ Graziano 

v. Harrison, 950 F.2d 107, 113 (3d Cir. 1991). See also DeJesus v. Banco Popular de Puerto

Rico, 918 F.2d 232, 235 (1st Cir. 1990) (awarding attorney fees under Truth in Lending Act).

In the present case, Plaintiffs are entitled to an award of attorney’s fees and costs as 

Plaintiffs were the prevailing party in this litigation. Plaintiffs filed a complaint on February 11, 

2016 and service of process was made on Defendant on February 24, 2016. Defendant failed to 

plead or otherwise defend as provided by the Federal Rules of Civil Procedure. A default 

judgment in the amount of $432,200.00 was awarded to Plaintiffs on June 29, 2016. Plaintiffs are 

the prevailing party and, as a result, attorney fees should be awarded to Plaintiffs.

II. Attorney Fees Are To Be Awarded Pursuant To The Lodestar Formula

In calculating an award of attorney’s fees, the court must begin with the “lodestar” figure, 

which is the hours reasonably expended times an allowed hourly rate. See Hensley v. Eckerhart, 

103 S.Ct. 1933, 1939; 46 U.S. 424, 433 (1983) (viewing an award of fees under 42 U.S.C. 

§1988). The burden is on the applicant to prove that the fee request is reasonable, with a strong 

presumption that the lodestar amount represents a fair and appropriate fee award. Hensley, 103 

S.Ct. at 1941.

Although Hensley was decided in the context of a civil rights case, the lodestar analysis is 

applicable to all cases involving an attorney fee shifting statute. The Supreme Court has 
Page 5 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

previously noted that, “We have stated in the past that fee shifting statutes’ similar language is ‘a 

strong indication’ that they are to be interpreted alike.” Independent Federation of Flight 

Attendants v. Zipes, 491 U.S. 754, 109 S.Ct. 2732, 105 L.Ed.2d 639 (1989) (quoting Northcross 

v. Memphis Bd. Of Education, 412 U.S. 427, 428, 93 S.Ct. 2201, 2202, 37 L.Ed.2d 48 (1973).) 

See also City of Burlington v. Dague, 112 S.Ct. 2638, 2641 (1992) (clean water act case applying 

lodestar analysis); Simpson v. Sheahan, 104 F.3d 998, (7th Cir. 1997) (civil rights case); DeJesus 

v. Banco Popular de Puerto Rico, 918 F.2d 232, 234 (1st Cir. 1990) (truth in lending case).

The determination of the allowable hours rests with the sound discretion of the trial court. 

Hensley, 103 S.Ct. at 1941. A determination of the hourly rate by the trial court should consider 

a rate “commensurate which [counsel] could obtain by taking other types of cases.” Tolentino, 

46 F.3d 645, 652 - 653 (7th Cir. 1995).

Clarke Balcom, P.C. expended 75.6 hours during the course of this litigation. This amount 

of time is reasonable. During the course of this litigation, Clarke Balcom, P.C. employed two 

attorneys, Mr. E. Clarke Balcom and Mr. Jacob D. Braunstein, and five paralegals to resolve 

Plaintiffs’ allegations against Defendant. The reasonable hourly rate for an attorney with Mr. E. 

Clarke Balcom’s experience in this type of litigation is $375.00 per hour (Paragraph #8, Decl. of 

E. Clarke Balcom). This is the prevailing market rate in this type of representation. Blum v. 

Stenson, 465 U.S. 886, 104 S. Ct. 1541, 79 L. Ed. 2d 891 (1984). The lodestar calculation for the 

efforts of Mr. E. Clarke Balcom in this litigation is 1.7 hours x $375.00/hr = $637.50.

The reasonable hourly rate for an attorney with Mr. Jacob D. Braunstein’s experience in 

this type of litigation is $350.00 per hour (Paragraph #11, Decl. of Jacob D. Braunstein). This is 

the prevailing market rate in this type of representation. Blum v. Stenson, 465 U.S. 886, 104 S. 

Ct. 1541, 79 L. Ed. 2d 891 (1984). The lodestar calculation for the efforts of Mr. Jacob D. 
Page 6 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Braunstein in this litigation is 57.2 hours x $350.00/hr = $20,020.00. However, with discounts 

and write-offs of time, the billing has been reduced to $18,787.50 (See Exhibit A). 

The reasonable hourly rate for a paralegal with Ms. Chris A. Flamm’s experience in this 

type of litigation is $160.00 per hour (Paragraph #14, Decl. of Chris Flamm). This is the 

prevailing market rate in this type of representation. Blum v. Stenson, 465 U.S. 886, 104 S. Ct. 

1541, 79 L. Ed. 2d 891 (1984). The lodestar calculation for the efforts of Ms. Chris A. Flamm in 

this litigation is 9.3 hours x $160.00/hr = $1,488.00. However, with discounts and write-offs of 

time, the billing has been reduced to $1,193.00 (See Exhibit A).

Clarke Balcom, P.C., also incurred $847.46 as costs and expenses of this litigation, paid 

by Plaintiffs. Thus, the total lodestar calculation for the award of attorney fees to Plaintiff in this 

matter (with discounts and write-offs included) totals $21,434.00 and costs of $847.46.

III. Plaintiffs’ Attorneys Are Entitled To An Award Of Costs and Litigation Expenses

Plaintiffs have requested the award of costs and litigation expenses in addition to an 

award of attorney fees. The District of Nevada stated that ‘‘plaintiffs are also entitled to an 

award of costs representing out-of-pocket litigation expenses . . . includ[ing] costs incurred in 

travel (airfare, car rental, hotels and food, gasoline and the like), telephone, postage and 

photocopying.’’ Ilick v. Miller, 68 F.Supp.2d 1169, 1181 (D. Nev. 1999).

The FDCPA grants the successful plaintiff ‘‘the costs of the action.’’ 15 U.S.C. 

§1692k(a)(3). Long distance telephone and faxing expenses, as well as copying and postage have 

been awarded as costs. Sousa v. Miguel 32 F.3d 1370, 1374 (9th Cir. 1994). Recoverable costs 

include travel, photocopies, lodging, postage, telephone calls, and computerized research. 

Libertad v. Sanchez, 134 F.Supp.2d 218, 236 (D.P.R. 2001). Costs may be recovered as provided 

for by statute as well as 28 U.S.C. § 1920. See: Lathem v. Department of Children & Youth 
Page 7 of 7 – MEMORANDUM IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Servs., 172 F.3d 786, 794 (11th Cir. 1999). Computer research costs are recoverable. United 

Nuclear Corp. v. Cannon, 564 F.Supp. 581, 591-92 (D.R.I. 1983).

CONCLUSION

Based upon the lodestar calculation, attorney fees should be awarded to Plaintiffs’ 

counsel in the amount of $21,434.00. An award of $847.46 as costs and litigation expenses 

should also be awarded.

Respectfully submitted this 13th day of July 2016,

CLARKE BALCOM, P.C.

By: /s/ Jacob D. Braunstein 

Jacob D. Braunstein, OSB No. 062849

Email: jbraunstein@clarkebalcomlaw.com

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201

Telephone: 503-224-5950

Fax: 503-467-4669

Of Attorneys for Plaintiff
EXHIBIT A
Exhibit A

Date Rate Person Time Work Done Amount

23-Feb-15 $375.00 ECB 1.7

Initial consultation regarding collection 

harassment (1.5); detailed notes regarding 

situation (.2) $ 637.50

$0.00 HL 0.9 Prepare new client file $ -

26-Feb-15 $160.00 CAF 0.2

Review forwarded Bill of Sale and 

Stipulated Agreement from Pinnacle $ 32.00

2-Mar-15 $160.00 CAF 0.3

Phone to client regarding status and next 

steps $ 48.00

6-Mar-15 $160.00 ET 0.1

Phone from client regarding phone call 

with Pinnacle $ 16.00

6-Mar-15 $160.00 CAF 0.1

Review and respond to client email 

regarding conversation with Pinnacle $ 16.00

13-Mar-15 $160.00 CAF 0.2

Review multiple emails from client 

regarding transcripts of calls from 

Pinnacle; phone call to client regarding 

same $ 32.00

27-Mar-15 $0.00 HL 0.1

Phone call from client with question; take 

message $ -

30-Mar-15 $0.00 ET 0.1 Return call to client, leave message $ -

21-Apr-15 $160.00 ET 0.1 Brief meeting with client; note to file $ 16.00

22-Apr-15 $160.00 CAF 0.3

Phone to client to follow up on additional 

calls with creditor and recordings of same $ 48.00

13-May-15 $350.00 JDB 0.5 Review file, notes and emails $ 175.00

14-May-15 $350.00 JDB 1.0

Review phone and email notes of creditor 

contacts; phone call to client to follow up 

regarding new information (.5); prepare 

timeline of creditor communications for 

complaint (.5); $ 350.00

14-May-15 $350.00 JDB 0.7

Research regarding specific violations of 

FDCPA in this case (.6); notes to file (.1) $ 245.00

14-May-15 $350.00 JDB 0.5 Start draft Complaint $ 175.00

15-May-15 $160.00 CAF 0.1

Phone call from client regarding new calls 

from Michael Goldberg at Pinnacle $ 16.00

15-May-15 $350.00 JDB 2.2

Review new emails from client (.3); draft 

timeline of violations (.5); continue drafting 

Complaint (1.4) $ 770.00

19-May-15 $350.00 JDB 1.3

Revise timeline of FDCPA violations (.3); 

draft Complaint (1.0) $ 455.00

20-May-15 $350.00 JDB 0.2 Continue work on Complaint $ 70.00

21-May-15 $350.00 JDB 0.3 Work on timeline of FDCPA violations $ 105.00

28-May-15 $350.00 JDB 2.0 Continue draft of Complaint $ 700.00

24-Jun-15 $350.00 JDB 0.4 Revise Complaint $ 140.00

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

Page 1 of 7
Exhibit A

Date Rate Person Time Work Done Amount

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

29-Jun-15 $350.00 JDB 0.8

Research regarding TCPA and TCPA 

Complaints for additional claims relating to 

collection calls $ 280.00

29-Jun-15 $350.00 JDB 0.5 Continue drafting Complaint $ 175.00

15-Jul-15 $350.00 JDB 2.5 Begin edits to Complaint $ 875.00

16-Jul-15 $350.00 JDB 0.5

Research regarding defendant, address of 

registered agent for service, membership 

in ACA $ 175.00

16-Jul-15 $350.00 JDB 0.5 Revise Complaint $ 175.00

16-Jul-15 $350.00 JDB 0.6

Draft Civil Cover Sheet, prepare 

documents for filing $ 210.00

16-Jul-15 $350.00 JDB 0.3 Review and prepare Summons $ 105.00

30-Jul-15 $350.00 JDB 0.1 Revise Complaint $ 35.00

26-Aug-15 $350.00 JDB 0.1

Review email from client regarding 

additional voicemails, setting appointment $ 35.00

1-Sep-15 $0.00 CAF 0.9

Meet with client to obtain additional 

information $ -

1-Sep-15 $350.00 JDB 0.9

Meet with client to obtain additional 

information $ 315.00

3-Sep-15 $350.00 JDB 0.8

Review transcripts of phone calls and 

messages received from Pinnacle $ 280.00

3-Sep-15 $350.00 JDB 1.2

Research potential specific FDCPA 

violations apparent in transcript of calls 

and messages from Pinnacle $ 420.00

3-Sep-15 $350.00 JDB 1.0 Draft and revise Complaint $ 350.00

8-Sep-15 $350.00 JDB 1.5 Draft and revise FDCPA Complaint $ 525.00

10-Sep-15 $350.00 JDB 0.1

Email to client to follow up on adding 

mother as additional plaintiff $ 35.00

15-Sep-15 $0.00 MB 0.1

Phone to client to follow up on email and 

adding mother to case $ -

15-Sep-15 $0.00 MB 0.1

Email to client to obtain mothers contact 

information $ -

17-Sep-15 $350.00 CAF 0.1

Email from client, new threat recording 

from Pinnacle regarding IRS $ 35.00

21-Sep-15 $350.00 CAF 0.2

Multiple emails to and from client 

regarding phone message Pinnacle threat 

to file lawsuit $ 70.00

21-Sep-15 $350.00 JDB 0.1

Review emails from client regarding 

additional contacts by Pinnacle $ 35.00

25-Sep-15 $160.00 CAF 1.7

Meet with second Plaintiff (Lisbeth 

Applefield) regarding calls to her, situation 

(1.2); extensive notes to file (.5) $ 272.00

Page 2 of 7
Exhibit A

Date Rate Person Time Work Done Amount

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

28-Sep-15 $350.00 JDB 0.2

Reviewing notes of client conference with 

second Plaintiff $ 70.00

28-Sep-15 $160.00 CAF 1.8

Review all communications from Pinnacle; 

review and update timeline of events $ 288.00

28-Sep-15 $350.00 JDB 1.0 Revise Complaint to add second plaintiff $ 350.00

29-Sep-15 $0.00 JDB 0.5

Research and review old FDCPA 

Complaints $ -

29-Sep-15 $350.00 JDB 0.8

Revise Complaint for 2nd plaintiff and 

additional violations $ 280.00

30-Sep-15 $350.00 JDB 1.6

Continue revision of Complaint for 

additional Plaintiff and claims $ 560.00

1-Oct-15 $350.00 JDB 2.0 Continue work on Complaint $ 700.00

1-Oct-15 $0.00 JDB 0.5 Review TCPA Complaints $ -

2-Oct-15 $350.00 JDB 3.0 Revise Complaint for TCPA violations $ 1,050.00

2-Oct-15 $350.00 JDB 0.1

Phone to Lisbeth regarding whether 

Pinnacle calls $ 35.00

2-Oct-15 $160.00 CAF 0.1

Phone from Lisbeth regarding calls; 

forward notes to attorney $ 16.00

5-Oct-15 $350.00 JDB 0.1

Review phone note from Lisbeth 

Applefield call $ 35.00

5-Oct-15 $350.00 JDB 0.6

Revise Complaint, TCPA claim based on 

information from client $ 210.00

8-Oct-15 $160.00 CAF 0.2

Phone call to client regarding status of 

complaint, obtain additional information $ 32.00

8-Oct-15 $160.00 CAF 1.5

Review Complaint (.9); call to client for 

additional information; (.2); continue 

Complaint review and memo (.4) $ 240.00

8-Oct-15 $0.00 JDB 0.4

Review memo and notes regarding 

Complaint $ -

14-Oct-15 $350.00 JDB 1.6

Meet with client regarding latest 

developments: calls to work and coworkers (1.4); notes to file (.2) $ 560.00

14-Oct-15 $0.00 CAF 1.3

Meet client regarding latest developments, 

phone calls made to work and co-workers $ -

16-Oct-15 $350.00 JDB 0.6

Review email from client regarding 

collection calls to his work, who was 

contacted, effect on job prospects (.2); 

revise Complaint (.4) $ 210.00

22-Oct-15 $130.00 AK 4.8

Transcribe multiple audio files: Pinnacle 

voicemail messages to client $ 624.00

22-Oct-15 $350.00 JDB 0.5

Review transcript of newest creditor calls; 

email to client regarding getting list of $ 175.00

Page 3 of 7
Exhibit A

Date Rate Person Time Work Done Amount

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

26-Oct-15 $0.00 AK 0.1

Phone from client returning Attorney call; 

take message $ -

26-Oct-15 $0.00 JDB 0.1

Phone to client to return call, leave 

message $ -

26-Oct-15 $350.00 JDB 0.3

Phone from client regarding update: client 

turned down for job; notes to file $ 105.00

28-Oct-15 $350.00 JDB 0.8

Review email from client regarding 

timeline of latest collection calls, 

corroborate with transcript of messages $ 280.00

29-Oct-15 $350.00 JDB 2.0

Revise Complaint based on client timeline 

of new calls $ 700.00

30-Oct-15 $350.00 JDB 0.3 Revise Complaint $ 105.00

2-Nov-15 $350.00 JDB 0.4

Phone from client regarding reviewing the 

timeline of new calls, additional 

information; further revision of Complaint $ 140.00

3-Nov-15 $350.00 JDB 0.1

Review and respond to email from client 

regarding lost executive director position, 

salary and benefits $ 35.00

4-Nov-15 $350.00 JDB 0.1

Review email from client regarding current 

compensation, effect of losing executive 

director position $ 35.00

9-Nov-15 $350.00 JDB 0.2 Further revise Complaint $ 70.00

24-Nov-15 $350.00 JDB 0.5 Further revise Complaint $ 175.00

4-Dec-15 $350.00 JDB 0.2

Emails to and from client regarding 

timeline of applying for Executive Director 

position, interviews, not getting the 

position, termination of current job $ 70.00

4-Dec-15 $350.00 JDB 1.2

Revise Complaint to include newest 

developments $ 420.00

7-Dec-15 $350.00 JDB 0.4 Work on Complaint $ 140.00

8-Dec-15 $350.00 JDB 0.2 Work on Complaint revision $ 70.00

9-Dec-15 $350.00 JDB 0.1

Email to client with questions regarding 

Complaint $ 35.00

9-Dec-15 $350.00 JDB 0.1 Revise FDCPA Complaint $ 35.00

22-Dec-15 $350.00 JDB 0.4

Emails to both Plaintiffs regarding review 

of Complaint, any changes or additional 

creditor calls; prepare Summons; revise 

Civil Cover Sheet $ 140.00

29-Dec-15 $350.00 JDB 0.1

Additional email regarding Complaint 

review $ 35.00

29-Dec-15 $160.00 CAF 0.2 status, prior boss as witness to calls $ 32.00

11-Jan-16 $350.00 JDB 0.2

Review email from client regarding 

Complaint and attached changes $ 70.00

26-Jan-16 $350.00 JDB 0.3

Revise Complaint to conform to client 

review $ 105.00

Page 4 of 7
Exhibit A

Date Rate Person Time Work Done Amount

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

10-Feb-16 $350.00 JDB 0.2

Research proper service address for 

defendant and revise Summons $ 70.00

10-Feb-16 $350.00 JDB 0.5

Revise Complaint, convert to pdf, prepare 

documents for filing $ 175.00

11-Feb-16 $0.00 JDB 0.2

Instructions to paralegal for filing; assist 

with filing $ -

11-Feb-16 $160.00 ET 0.3 Prepare document for filing; file via ECF $ 48.00

12-Feb-16 $350.00 JDB 0.2

Review emails from court regarding 

notices of filing, save filed documents $ 70.00

18-Feb-16 $350.00 JDB 0.2

Review Notice of Case Assignment and 

Discovery Order for deadlines $ 70.00

3-Mar-16 $350.00 JDB 0.1

Review email from court regarding Notice 

of Case Reassignment to different Judge $ 35.00

10-Mar-16 $350.00 JDB 0.1

Review file, service documents; calendar 

deadline for Answer $ 35.00

14-Mar-16 $160.00 CAF 0.1

Phone call with client regarding status of 

Pinnacle response $ 16.00

17-Mar-16 $350.00 JDB 0.2

Review file, instructions to paralegal to 

verify service $ 70.00

17-Mar-16 $160.00 ET 0.4

Research service address and Attorney 

receiving service; phone to registered 

agent for Pinnacle $ 64.00

31-Mar-16 $350.00 JDB 1.0

Research and draft Request for Entry of 

Default, Certificate of Service, Declaration 

in Support $ 350.00

4-Apr-16 $350.00 JDB 0.6

Draft and revise request for default, 

declaration in support $ 210.00

8-Apr-16 $350.00 JDB 0.5

Draft plaintiff declarations regarding 

damages $ 175.00

8-Apr-16 $350.00 JDB 0.5

Draft and revise request for default, 

declaration, Certificate of Service $ 175.00

8-Apr-16 $350.00 JDB 0.2

Instructions to paralegal regarding filing 

documents $ 70.00

11-Apr-16 $350.00 JDB 0.5

Review email from Court regarding Order 

Granting Request for Entry of Default; 

research and note strategy regarding next $ 175.00

27-Apr-16 $350.00 JDB 0.1 Pull docket report from PACER $ 35.00

4-May-16 $350.00 JDB 0.3

Draft letters regarding default to registered 

agent for Defendant $ 105.00

10-May-16 $350.00 JDB 0.6

Research and draft Motion for Default 

Judgment $ 210.00

10-May-16 $350.00 JDB 0.4

Note to file regarding strategy for default 

judgment $ 140.00

Page 5 of 7
Exhibit A

Date Rate Person Time Work Done Amount

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

11-May-16 $0.00 JDB 0.7

Outline and prepare Declarations for 

Motion for Default $ -

18-May-16 $350.00 JDB 0.5

Phone from client regarding status update, 

default, next steps; notes to file $ 175.00

18-May-16 $350.00 JDB 0.4

Draft declaration of Counsel for Motion for 

Default Judgment $ 140.00

18-May-16 $350.00 JDB 0.4 Draft Motion for Default Judgment $ 140.00

24-May-16 $0.00 JDB 0.3

Outline and draft declaration of Nathaniel 

Applefield $ -

27-May-16 $0.00 JDB 0.1

Phone to court regarding motion for 

default, procedures $ -

27-May-16 $350.00 JDB 0.5

Draft/revise Motion for Default Judgment, 

Declaration of Counsel, Certificate of 

Service $ 175.00

27-May-16 $350.00 JDB 0.2 Prepare documents for filing, file with court $ 70.00

6-Jun-16 $350.00 JDB 0.1

Review email from court regarding 

scheduling hearing; instructions to 

paralegal regarding contacting clients $ 35.00

7-Jun-16 $160.00 ET 0.3

Calls to clients regarding court and 

testimony preparation $ 48.00

7-Jun-16 $350.00 JDB 0.1

Email to court regarding confirming 

eligibility for hearing on damages $ 35.00

14-Jun-16 $350.00 JDB 1.2

Client conference with Lisbeth to prepare 

for Default Judgment Hearing (1.1); notes 

to file (.1) $ 420.00

17-Jun-16 $0.00 JDB 0.4 Prepare for Default Judgment Hearing $ -

17-Jun-16 $350.00 JDB 1.1

Client conference with Nathan regarding 

preparation for Default Judgment Hearing 

(1.0); notes to file (.1) $ 385.00

22-Jun-16 $350.00 JDB 1.0 Prepare for Default Judgment Hearing $ 350.00

22-Jun-16 $350.00 JDB 1.1

Attend Default Judgment Hearing (1.0); 

notes to file (.1) $ 385.00

22-Jun-16 $162.50 JDB 0.6

Travel for Default Judgment Hearing - half 

rate $ 97.50

Total Time 75.6 Total Attorney Fees $ 21,434.00

11-Feb-16 $400.00 1 Filing fee for filing complaint $ 400.00

18-Mar-16 $447.46 1 Service on Pinnacle Asset Group $ 447.46

Total Costs 847.46 $ 

Total Fees and Costs $ 22,281.46

Page 6 of 7
Exhibit A

Date Rate Person Time Work Done Amount

Invoice #: 2016-4665 Date: 12 July 2016

Clarke Balcom Law

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Ph: (503) 224-5950 Fax: (503) 467-4669

Client Name: Nathaniel Applefield

 Attorneys Hours Rate Fees by person

ECB Clarke Balcom 1.7 $375.00 637.50 $ 

JDB Jacob Braunstein 57.2 $350.00 18,787.50 $ 

Hours Rate Fees by person

MB Michelle Benedict 0.2 $130.00 - $ 

CAF Chris Flamm 9.3 $160.00 1,193.00 $ 

AK Amy Kaufman 4.9 $130.00 624.00 $ 

HL Hollande Lawrence 1.0 $0.00 - $ 

ET 1.3 $160.00 192.00 Eloise Tiller $ 

Paralegals

Page 7 of 7
Page 1 of 4 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, OSB# 062849

jbraunstein@clarkebalcomlaw.com

E. Clarke Balcom, OSB# 011952

cbalcom@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

DECLARATION OF JACOB D. 

BRAUNSTEIN IN SUPPORT OF

MOTION FOR AN AWARD OF

ATTORNEY FEES

I, Jacob D. Braunstein, declare as follows:

1. I am an attorney practicing in the law firm of Clarke Balcom, P.C., located in 

Portland, Oregon. I have been lead trial counsel and have had primary responsibility for litigating 

this case on behalf of Plaintiffs. I am competent to testify to the matters set forth in this 

declaration and do so based on personal knowledge.

2. I have been admitted to the practice of law since September 27, 2006.
Page 2 of 4 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

3. I am admitted to practice within the State and Federal courts of Oregon.

4. I am an experienced litigation attorney, including experience in FDCPA litigation.

5. I am also an experienced bankruptcy attorney, including experience in bankruptcy 

litigation.

6. Plaintiffs are the prevailing party in this litigation pursuant to 15 U.S.C. § 1692k(a)(3) 

and ORS 646.641(2).

7. The total amount of attorney fees and expenses requested is $22,281.46.

8. Seven time-keepers from Clarke Balcom, P.C., were involved in this litigation. The 

name, position, and level of experience of each individual time-keeper together with his or her 

current hourly billing rate, the number of hours billed, and the total amount of fees billed to the 

time-keeper are summarized in the following chart:

Name Position Rate Number of Hours Total Fees Billed

Clarke Balcom Senior Attorney $375 1.7 $637.50

Jacob Braunstein Associate Attorney $350 57.2 $18,787.50

Chris Flamm Paralegal $160 9.3 $1,193.00

Eloise Tiller Paralegal $160 1.3 $192.00

Amy Kaufman Paralegal $130 4.9 $624.00

Hollande Lawrence Paralegal $130 1.0 $0.00

Michelle Benedict Paralegal $130 0.2 $0.00

Total Fees Incurred: $21,434.00

9. Clarke Balcom, PC, contemporaneously kept records reflecting our services in this 

litigation, a copy of which is attached hereto as Exhibit A.
Page 3 of 4 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

10. The billing rates listed in the above chart are reasonable and are similar to those 

customarily charged for the consumer law practice area in the legal community located in 

Portland, Oregon. The latest Oregon State Bar (OSB) Economic Survey dated August, 2012 

reflects that lawyers with similar number of years of practice in this geographic area bill at rates 

between $233.00 and $428.00 per hour. This OSB survey is nearly four years old.

11. My current hourly rate is $350.00, which is justified by my experience, the nature 

and complexity of the cases, and the relative risk involved in consumer cases. I bill $350.00 per 

hour to clients on non-contingency consumer matters in state and federal court.

12. The total number of hours billed for which compensation is sought is reasonable 

under the circumstances of this case. This case has been ongoing since February, 2015 when 

Defendant first began contacting Plaintiffs. Defendant’s unlawful conduct stretched from 

February, 2015 through October, 2015 and included at least thirty (30) separate violations of the 

Fair Debt Collection Practices Act, Telephone Consumer Protection Act and the Oregon 

Unlawful Debt Collection Practices Act combined. Defendant’s unlawful conduct continued even 

after Defendant had been notified that our firm represented Plaintiffs. Each of the instances of 

unlawful conduct had to be analyzed for purposes of this litigation and evidence gathered to 

support the allegations in the Complaint. Thanks in large part to the large number of violations 

and the length of time over which the violations occurred, the allegations in Plaintiffs’ Complaint 

span a length of twenty-five (25) pages. The Complaint itself was revised multiple times to 

include Defendant’s continuing violations. In addition, it should be noted that there are multiple 

instances in our billing records where services rendered have been discounted to $0.00.

///

///
Page 4 of 4 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

13. Litigation expenses that were reasonably and necessarily incurred in this matter total 

$847.46. These out-of-pocket expenses were billed separately from attorney fees in accordance 

with our firm’s standard practices and the prevailing custom in this legal community. A summary 

of all reimbursable litigation expenses incurred in this matter is included in Exhibit A.

I hereby declare that the above statement is true and accurate to the best of my 

knowledge and belief, and that I understand it is subject to penalty for perjury.

Dated this 13th day of July 2016,

s/ Jacob D. Braunstein 

Jacob D. Braunstein, OSB No. 062849

Email: jbraunstein@clarkebalcomlaw.com

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201

Telephone: 503-224-5950

Fax: 503-467-4669

Of Attorneys for Plaintiff
Page 1 of 2 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, OSB# 062849

jbraunstein@clarkebalcomlaw.com

E. Clarke Balcom, OSB# 011952

cbalcom@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

DECLARATION OF E. CLARKE BALCOM 

IN SUPPORT OF MOTION FOR AN AWARD 

OF ATTORNEY FEES

I, E. Clarke Balcom, declare as follows:

1. I am one of the attorneys for the Plaintiffs above named.

2. I have read the Complaint filed in this action and know the contents thereof, and the 

same is true to the best of my knowledge, information and belief.

3. I have been admitted to the practice of law since October 4, 2001.

4. I am the senior attorney at my firm, Clarke Balcom, P.C., located in Portland, Oregon. 
Page 2 of 2 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

5. I am admitted to practice within the State and Federal courts of Oregon.

6. I am an experienced attorney, including experience in FDCPA litigation.

7. I am also an experienced bankruptcy attorney.

8. My current hourly rate is $375.00, which is justified by my experience, the nature and 

complexity of the cases, and the relative risk involved in consumer cases.

9. I bill $375.00 per hour to clients on non-contingency consumer matters in state and 

federal court and these rates are routinely approved in consumer cases.

10. Attached hereto as Exhibit A is a true and correct copy of my time and billing records 

in this matter.

I hereby declare that the above statement is true and accurate to the best of my 

knowledge and belief, and that I understand it is subject to penalty for perjury.

Dated this 13th day of July 2016,

s/ E. Clarke Balcom 

E. Clarke Balcom, OSB No. 011952

Email: cbalcom@clarkebalcomlaw.com

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201

Telephone: 503-224-5950

Fax: 503-467-4669

Of Attorneys for Plaintiff
Page 1 of 3 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

Jacob D. Braunstein, OSB# 062849

jbraunstein@clarkebalcomlaw.com

E. Clarke Balcom, OSB# 011952

cbalcom@clarkebalcomlaw.com

CLARKE BALCOM, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone (503) 224-5950

Fax (503) 467-4669 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

NATHANIEL J. APPLEFIELD,

LISBETH APPLEFIELD,

Plaintiffs, 

v.

PINNACLE ASSET GROUP, LLC,

Defendant.

Case No. 3:16-cv-00256-YY

DECLARATION OF CHRIS FLAMM

IN SUPPORT OF MOTION FOR AN 

AWARD OF ATTORNEY FEES

I, Chris Flamm, declare as follows:

1. I am the legal assistant for the attorneys for the Plaintiffs above named.

2. I have read the Complaint filed in this action and know the contents thereof, and the 

same is true to the best of my knowledge, information and belief.

3. My primary responsibilities include providing support for attorneys E. Clarke Balcom 

and Jacob D. Braunstein.
Page 2 of 3 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

4. As part of my responsibilities, I am knowledgeable of the billing for attorney fees on 

this case.

5. Also, as part of my responsibilities, I have a great deal of contact with the clients of 

Clarke Balcom, P.C.

6. As part of my responsibilities, I have had a great deal of contact with Nathaniel 

Applefield and Lisbeth Applefield, the Plaintiffs in this action.

7. At the direction of the attorneys on this case, I have maintained and compiled all 

attorney billing records incurred while litigating this matter.

8. At the direction of the attorneys on this case, I have maintained and compiled all 

billing records for legal assistants incurred while litigating this matter.

9. At the direction of the attorneys in this case, I have maintained and compiled all costs 

expended by this firm, Clarke Balcom, P.C., in litigating this matter.

10. Attached hereto as Exhibit A is a true and correct copy of the billing records in this 

matter.

11. The total amount due by Defendant is based upon the claims set forth in the 

Complaint, and includes the following sums Clarke Balcom, P.C. incurred in litigating this case:

• $21,434.00 for reasonable and necessary attorney fees incurred in litigating the 

above-captioned case, including discounts and write-offs of time;

• $547.46 for reasonable and necessary costs incurred in litigating the abovecaptioned case.

12. The billing record attached hereto as Exhibit A includes the time of the attorneys as 

well as time spent by paralegals.
Page 3 of 3 – DECLARATION IN SUPPORT OF MOTION FOR

AWARD OF ATTORNEY FEES Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

13. The attorneys are identified by the initials ECB for E. Clarke Balccom and JDB for 

Jacob D. Braunstein in the attached Exhibit A. All other individuals are legal assistants.

14. As a specialized paralegal, my billing rate is $160.00 per hour. This rate has been 

approved by the courts hundreds of times.

15. I am identified by the initials CAF in the billing records.

16. All of the items contained on the attached Exhibit A are correct and are representative 

of services actually and necessarily performed in this case.

17. Attorney Clarke Balcom performed legal services in this matter totaling 1.7 hours.

18. Attorney Jacob Braunstein performed legal services in this matter totaling 57.2 hours.

19. I performed services in this matter totaling 9.3 hours.

20. Other legal assistants performed services in this matter totaling 7.4 hours.

I hereby declare that the above statement is true and accurate to the best of my 

knowledge and belief, and that I understand it is subject to penalty for perjury.

Dated this 13th day of July 2016,

s/ Chris Flamm 

Chris Flamm, Legal Assistant

Clarke Balcom, P.C.

1312 SW 16th Ave., 2nd Floor

Portland, OR 97201
Page 1 – CERTIFICATE OF SERVICE Clarke Balcom, P.C. 

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201

Tel: (503)224-5950 

Fax: (503)467-4669

CERTIFICATE OF SERVICE

I hereby certify that I caused the foregoing Plaintiff’s MOTION FOR AN AWARD OF 

ATTORNEY FEES AND COSTS, MEMORANDUM IN SUPPORT, EXHIBIT A, 

DECLARATION OF JACOB D. BRAUNSTEIN, DECLARATION OF CHRIS FLAMM, and 

DECLARATION OF E. CLARKE BALCOM to be served on the following person(s):

Raymond C. Stilwell

Law Offices of Raymond C. Stilwell

4476 Main St., Suite 120

Amherst, NY 14226

by the following indicated method or methods: 

 by CM/ECF electronically mailed notice from the Court on the date set forth below. 

 by mailing full, true and correct copies thereof in sealed, first class postage prepaid envelopes, 

addressed to the parties and/or their attorneys as shown above, to the last-known office addresses 

of the parties and/or attorneys, and deposited with the United States Postal Service at Portland, 

Oregon, on the date set forth below. 

 by causing full, true, and correct copies thereof to be hand-delivered to the parties and/or their 

attorneys at their last-known office addresses listed above on the date set forth below. 

 by sending full, true, and correct copies thereof, via overnight courier in sealed, prepaid 

envelopes, addressed to the parties and/or their attorneys as shown above, to the last-known 

office addresses of the parties and/or their attorneys, on the date set forth below. 

 by faxing full, true, and correct copies thereof to the fax machines which are the last-known 

fax numbers for the parties’ and/or attorneys’ offices, on the date set forth below.

Dated: July 13, 2016.

s/ Jacob D. Braunstein

Jacob D. Braunstein, OSB No. 062849

of Attorneys for Plaintiff

Clarke Balcom, P.C.

1312 SW 16th Ave, 2nd Floor

Portland, OR 97201-2516

Telephone: 503-224-5950

Fax: 503-467-4669