Hudson Insurance Company v. Klamath Superior Motor Company et al, No. 1:2017cv00984 - Document 85 (D. Or. 2018)
Court Description: Opinion and Order regarding Motion for Attorney Fees 78 . The Court has determined that Plaintiff's attorney is entitled to the fees requested. Motion for award of attorney fees (#78) is GRANTED. Ordered and Signed on 09/07/2018 by Magistrate Judge Mark D. Clarke. (rsm)
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Hudson Insurance Company v. Klamath Superior Motor Company et al Doc. 85 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION HUDSON INSURANCE COMPANY, a Delaware corporation, Case No. 1: 17-cv-00984-CL Plaintiff, V. OPINION & ORDER KLAMATH SUPERIOR MOTOR COMPANY, INC., an Oregon corporation; MEADOR MOTORS, INC., an Idaho corporation, a/b/n, Phil Meador Subaru; ZACHARY J. TAYLOR, an individual; DOROTHY M. SILANI, an individual; NEIL A. WESTFALL, an individual; GLEN R. SITZ, an individual; and RALPH STEARNS, an individual, Defendants. CLARKE, Magistrate Judge. Page I - OPINION & ORDER Dockets.Justia.com This case comes before the court on an unopposed motion for award of attorney fees (#78) in the sum of $1,535.00 brought by Plaintiff Hudson Insurance Company ("Hudson") against Defendant Klamath Superior Motor Company ("Klamath") pursuant to Fed. R. Civ. P. 54( d). Having reviewed the proceedings, the agreement between the parties, and the amount of fees sought, the Court has determined that Plaintiffs attorney is entitled to the fees requested. Motion for award of attorney fees (#78) is GRANTED. PROCEDURAL BACKGROUND This action was filed on June 23, 2017 (#1). The First Amended Complaint was filed on July 17, 2017 (1115). Klamath was served on August 9, 2017, with an Affidavit of Service filed on August 15, 2017 (#22). Klamath did not appear or otherwise defend in this action and, on August 15, 2017, Hudson sought entry of default as to Klamath and a Clerk's Entry of Default was entered on the same day (#32, #34). The Court entered Default Judgment against Defendant Klamath on June 26, 2018 (#77). Hudson timely filed this motion for attorney fees under the Default Judgment entered against Klamath and the terms of the General Indemnity Agreement executed by Klamath. DISCUSSION Hudson cites to the General Indemnity Agreement executed by Klamath, which was the subject of this action, in support of its motion to recover its attorney fees. The General Indemnity Agreement provides that "Surety shall be entitled to recover its reasonable attorney's fees and costs of collection incurred in the enforcement of this Indemnity Agreement or collection of amounts due hereunder." (#79). Hudson seeks an award of fees in the sum of $1,535.00, which is calculated by deducting the amount previously awarded to Hudson as reimbursement for its attorneys' fees ($4,395.00 [#65]) from the total amount of Hudson's attorneys' fees in this matter Page 2 - OPINION & ORDER ($5,930.00). Having reviewed the accounting record of the fees sought, the Court concludes that the fees are reasonable and warranted in this case. United States Magistrate Judge Page 3 - OPINION & ORDER
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