Dexter v. Homecomings Financial, LLC, No. 3:2009cv00493 - Document 74 (D. Or. 2011)
Court Description: OPINION & ORDER: Denying Plaintiff's Motion for Attorney Fees and Costs 63 . Signed on 4/29/11 by Magistrate Judge Paul Papak. (gm)
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02 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON SARA DEXTER, in her capacity as personal representative of the estate of JOHN GEISS, Plaintiff, CV 09-493-PK OPINION AND ORDER HOMECOMINGS FINANCIAL, L.L.C., SECURITY MORTGAGE LENDERS INC., RESIDENTIAL MORTGAGE FUND, INC., Defendants. PAPAK, Judge: Plaintiff Sara Dexter pursues this action as personal representative of the estate of her now-deceased father, John Giess, who allegedly fell victim to predatory mOligage brokers and lenders during the refinance of his home. The suit names two mortgage brokers as defendants: Security MOligage Lenders Inc. ("Security") and Residential Mortgage Fund, Inc. Page 1 - OPINION AND ORDER ("Residential"). On JanualY 14, 2011, Dexter filed a motion for default judgment (#37) against Security and Residential for net actual damages pursuant to the Oregon Mortgage Broker and Banker's Act civil liability provisions, Or. Rev. Stat. 86A.151(2). Dexter's motion also generally requested "an award of attomey fees, costs and disbursements against each defendant" pursuant to Or. Rev. Stat. 86A.151(7). On February 2, 2011, United States District Judge James A. Redden signed a judgment of default against Security and Residential, which was entered the same day. (#49.) A month later, on March 2,2011, Dexter filed a motion for attomey fees in the amount of$18,293.17 and costs in the amount of$I,4l3.95 against Security and Residential pursuant to Fed. R. Civ. P. 54. (#63.) Neither Security nor Residential responded. Dexter's motion for attorney fees and costs is now before this court. For the reasons stated below, Dexter's motion is denied. A claim for attomey fees and related nontaxable expenses must be made by motion "filed no later than 14 days after the entry of judgment" unless otherwise provided by statute 01' court order. Fed. R. Civ. P. 54(d)(2). No statute, court order, or local rule of this district changes the timing requirements of Rule 54(d)(2) for filing a motion for attomey fees and costs. The district court entered default judgment in this case on Februaly 2, 2011 and plaintiff filed her motion for attomey fees and costs 28 days later, on March 2, 2011. Plaintiff did not file a motion to extend the time for claiming attomey fees and costs, either before or after the 14-day deadline passed. Nor does plaintiffs current motion acknowledge the untimeliness of her filing 01' attempt to explain why the late filing should be excused. Failure to file a motion for attomey fees within the prescribed time period waives a party's right to request fees. Port o/Stockton v. Western Bulk Carrier KS, 371 F.3d 1119, 1121-1122 (9th Cir. 2004); Kona Enters., Inc. v. Estate o/Bishop, Page 2 - OPINION AND ORDER 229 F.3d 877, 889-90 (9th Cir. 2000). Accordingly, I deny Dexter's motion for attomey fees and costs (#63). IT IS SO ORDERED. Dated this,21: aay of ~R20 11. I Honorable Paul Papa United States Magistrate Judge Page 3 - OPINION AND ORDER
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