Schuhle v. Law Office of Richard Clark, LLC, No. 2:2011cv00986 - Document 9 (D. Or. 2012)

Court Description: OPINION & ORDER: Plaintiffs motion for attorneys fees and costs 7 is denied. See 3-page opinion & order attached. Ordered by Judge Marco A. Hernandez. (mr)

Download PDF

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION WILLIAM SCHUHLE, No. 03:11-CV-986-HZ Plaintiff, OPINION & ORDER v. THE LAW OFFICE OF RICHARD CLARK, LLC, Defendant. Sharon D. Cousineau Cousineau Law Group 700 West Evergreen Boulevard Vancouver, WA 98660 Attorney for Plaintiff Daniel N. Gordon Daniel N. Gordon PC 1 - OPINION & ORDER 4023 West First Ave. Eugene, OR 97402 Attorney for Defendant HERNANDEZ, District Judge: Plaintiff William Schuhle moves for attorney s fees and costs. I deny the motion. BACKGROUND On August 15, 2011, Plaintiff Schuhle brought a complaint against Defendant, The Law Office of Richard Clark, for violation of the Fair Debt Collection Practices Act. Compl. ¶11. On September 16th, Defendant served an Offer of Judgment, which Plaintiff accepted on October 3rd. Dkt. #5. The Offer of Judgment included costs and reasonable attorney s fees to be agreed upon by the parties, or by the Court if agreement was not reached. Id. at 1. On October 25th, judgment entered and the case was closed. Dkt. #6. STANDARDS Unless a statute or court order dictates otherwise, a motion for attorney s fees and related expenses must be filed no later than 14 days after the entry of judgment. Fed. R. Civ. P.54(d). DISCUSSION Entry of judgment occurred on October 25th. The deadline to file a claim for attorney s fees and related expenses was November 8th, which is 14 days after the entry of judgment. On December 23rd, Plaintiff filed his motion for attorney s fees and costs 45 days after the deadline had passed. There is no doubt that Plaintiff s motion is untimely. Therefore, I deny the motion. /// /// 2 - OPINION & ORDER CONCLUSION Plaintiff s motion for attorney s fees and costs [#7] is denied. IT IS SO ORDERED. Dated this 9th day of January, 2012. /s/ Marco A. Hernandez MARCO A. HERNANDEZ United States District Judge 3 - OPINION & ORDER

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.