IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

KRYSTLE CLOCKSIN, KYLE DA VIS, 

and FAIR HOUSING COUNCIL OF 

OREGON, 

PlaintiffS, 

v. 

KEYSTONE REAL ESTATE, INC., 

an Oregon corporation, 

Defendants. 

McShane, Judge: 

Case No. 6:16-cv-00026-JR 

OPINION AND ORDER ON 

MOTION FOR ATTORNEY 

FEES AND BILL OF COSTS 

Plaintiffs seek attorney fees in the amount of $14,787.50 and costs in the amount of 

$583.56 following a Rule 55(b) default judgment granted in their favor against defendants. ECF 

Nos. 18, 21. This Court awarded Plaintiff Clocksin $12,092.50 and Plaintiff Davis $11,899.50 

and PlaintiffFHCO $15,226.00. ECF No. 17. The Court also awarded Plaintiffs reasonable 

attorney fees and costs pursuant to 42 U.S.C. § 3613(c)(2), which gave rise to the petitions now 

at issue. Id. I asses fees and costs for their reasonableness below. 

I. Motion for Attorney Fees 

The Ninth Circuit applies the "lodestar" method for calculating attorney fees. Fischer v. 

SJB-P. D. Inc., 214 F.3d 1115, 1119 (9th Cir. 2000). That calculation multiplies a reasonable 

hourly rate by the number of hours reasonably expended in the litigation. Id. (citing Hensley v. 

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Case 6:16-cv-00026-JR Document 22 Filed 06/29/16 Page 1 of 3
Eckerhart, 461U.S.424, 433, 103 S. Ct. 1933 (1983). The court then decides whether to 

enhance or reduce the lodestar figure by evaluating a set of factors. Moreno v. City of 

Sacramento, 534 F.3d 1106, 1111 (9th Cir. 2008). A "strong presumption" exists that the 

lodestar figure represents a "reasonable fee," and it should therefore only be enhanced or reduced 

in "rare and exceptional cases." Pennsylvania v. Del. Valley Citizens' Council for Clean Air, 478 

U.S. 546, 565, 106 S. Ct. 3088, 92 L. Ed. 2d 439 (1986). 

Due to the fact that Plaintiffs' fee petition arises from a default judgment, it is effectively 

uncontested. In determining the reasonableness of fees, however, this Court must nonetheless 

provide a "concise but clear" explanation of reasons for the fee award. Gates v. Deukmajian, 987 

F.2d 1392, 1400 (9th Cir. 1992). Plaintiffs' lead counsel spent 76.7 hours on this case at a rate of 

$150. Plaintiffs' co-counsel spent 4.2 hours on this case at a rate of $250. ECF No. 8. These 

figures appear consistent with prevailing market rates, which are those that the local legal market 

would pay for a case of this nature to a lawyer of comparable skill, experience, and reputation to 

a plaintiffs counsel ofrecord. Blum v. Stenson, 465 U.S. 886, 897, 104 S. Ct. 1541 (1984). 1 

Plaintiffs' counsel attest that the hours billed were spent primarily on the investigation preceding 

this action, the preparation and filing of the motions in this case, and preparation for argument 

before this Court. Id at 2-3. 

Plaintiffs' counsel assert that they exercised "conservative billing judgment, deleting 

duplicative and non-essential time and refraining from seeking compensation for the time of a 

third co-counsel or for consultation with additional Oregon Law Center attorneys." Pls.' Mot. for 

1 Courts in this District have determined that they will use the Oregon State Bar 2012 Economic Survey as their 

initial benchmark when reviewing fee petitions. The economic survey is available at 

https://www .osbar.org/ _ docs/resources/Econsurveys/ 12EconomicS urvey. pd£ 

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Case 6:16-cv-00026-JR Document 22 Filed 06/29/16 Page 2 of 3
• 

Atty. Fees, 3, ECF No. 18. Upon review, I agree with these assertions and I find both the hours 

spent and the hourly rates applied to be reasonable under the circumstances. 

II. Bill of Costs 

Plaintiffs Bill of Costs itemizes $400 in filing fee expenses, $112.50 in costs related to 

service, and $71.06 in costs related to traveling to and from Eugene to appear in court, for a total 

of $21,201.36. Upon review, these expenses appear reasonable and I grant them under 28 U.S.C. 

§ 1920. 

CONCLUSION 

For the reasons stated above, Plaintiffs' Motion for Attorney Fees, ECF No. 18, is 

GRANTED in the amount of $14,787.50, and Plaintiffs Bill of Costs, ECF No. 21, is 

GRANTED in the amount of $583.56. 

IT IS SO ORDERED. 

Dated this L°I day of June, 2016. 

Page 3 - OPINION AND ORDER 

\ l1----

Michael McShane 

United States District Judge 

Case 6:16-cv-00026-JR Document 22 Filed 06/29/16 Page 3 of 3