This is the award of attorney fees against the former Oregon Attorney General John Kroger in the Long vs. Kroger case. Marion County Circuit Court Case No. 11C14422. John Dunbar of DOJ defended John Kroger.
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I S:rATE OF OREGON~;
ENTERED Manon County Circuit Courts!
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OCl 30 '1m2 OCT 29 2012 !
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4 IN THE CIRCUIT COURT OF THE STATE OF OREGON
5 FOR THE COUNTY OF MARION
6 MARK LONG, Case No. 11C14422
Honorable Thomas M. Hart
7 Plaintiff,
SUPPLEMENTAL JUDGMENT
8 vs.
9 ELLEN ROSENBLUM, in her official
capacity as Attorney General for the
10 State of Oregon and Successor to
Kroger,
11
Defendant.
12
13 On October 12,2012, this court held a hearing pursuant to ORCP 68 on Plaintiffs
14 Statement of Attorney Fees and Costs and defendant's objections thereto. This court has
15 considered the written submissions of the parties, including their expert witness
16 declarations and other written evidence, their oral arguments, the testimony and exhibits
17 admitted into evidence at the October 12,2012 hearing, the factors set forth in
18 ORS 20.075, and such other considerations raised at the October 12,2012 hearing.
19 Having duly considered the evidence and arguments, the court finds that plaintiff is the
20 prevailing party and is entitled to an award of attorney fees and costs as provided for in
21 ORS 192.490. The court further finds, for the reasons indicated at the hearing, that the
22 amount of attorney fees and costs actually incurred by plaintiff, as set forth in his
23 submissions, is fair and reasonable under the circumstances. Moreover, the court finds
24 that an enhancement of the attorney fee award in the amount of 10% is appropriate and
25 justified under the circumstances of this case, as more particularly identified at the
26 October 12,2012 hearing. My findings expressed at the October 12,2012 hearing are
HARRANG LONG GARY
RUDNICK p.e. Page 1 - SUPPLEMENTAL JUDGMENT
360 East 10th Avenue
Suite 300
Eugene, OR 97401-3273
Phone (541) 485-0220
Fax (541) 686.B564
2. 1 incorporated by reference. Wherefore, all premises being considered, it is
2 ADJUDGED that plaintiff is awarded attorney fees and costs in the total amount
3 of $562,569.36 against defendant, as set forth in the Money Judgment below.
4 MONEY AWARD
5 JUDGMENT CREDITOR: Mark Long
6 JUDGMENT CREDITOR'S ATTORNEY: William F. Gary and Harrang Long
Gary Rudnick P.C.
7
JUDGMENT DEBTOR: ELLEN ROSENBLUM, in her
8 official capacity as Attorney General
for the State of Oregon
9
Address: Oregon Department of Justice
10
1162 COUliStreet NE
11 Salem, OR 97301-4096
Date of Birth: Unknown
12
Tax Identification No.: Unknown
13 Driver's License No./State: Unknown
14 JUDGMENT DEBTOR'S ATTORNEY: John J. Dunbar
15 PERSON/PUBLIC BODY
ENTITLED TO PORTION: None
16
AMOUNT OF JUDGMENT: $0.00
17
Attorney Fees $560,107.36
18
Costs $2,462
19
POST -JUDGMENT INTEREST:
20
21
22 ALL 4
DATED thi~y of October,
23
24
Thomas M. Hart
25 Marion County Circuit Court Judge
Submitted by:
26 William F. Gary, OSB #770325
Jeffery J. Matthews, OSB#973280
Of Attorneys for Plaintiff
HARRANG LONG GARY
RUDNICK P.C. Page 2 - SUPPLEMENTAL JUDGMENT
360 East 10th Avenue
Suite 300
Eugene, OR 97401-3273
Phone (541) 485-0220
Fax (541) 686-6564
3. 1 CERTIFICATE OF SERVICE
2 I certify that on October ~, 2012, I served or caused to be served a true and
3 complete copy of the foregoing SUPPLEMENTAL JUDGMENT on the party or
4 parties listed below as follows:
5
x Via First Class Mail. Postage Prepaid
6 Via ~ err-o..:~
Via Personal Deliverv
7
8 John J. Dunbar, OSB No. 842100
Jolm.Dunbar(cV,doj .state.or.us
9 Attorney in Charge
Sarah Weston, OSB No. 085083
10 Sarah. Weston@doj .state. or. us
Assistant Attorney General
11
Department of Justice
12 1515 SW Fifth Avenue, Suite 410
Portland, OR 97201
13 Telephone: 971-673-1880
Fax: 971-673-5000
14
Of Attorneys for Defendant
15
16 HARRANG LONG GARY RUDNICK P.c.
17
18 By r;Jf--QgJ-ec
WiiamF.~j)S #770325
19 william.f. garv(cV,harrang. com
Jeffery J. Matthews, OSB #973280
20
jeffery. j .matthews(cV,harrang. com
21 Telephone: (541) 485-0220
Facsimile: (541) 686-6564
22 Of Attorneys for Plaintiff
00430138.1
23
24
25
26
HARRANG LONG GARY
RUDNICKP.C. Page 1 - CERTIFICATE OF SERVICE
380 Eo~t 1nth Avenue
Suite 300
Eugene, OR 97401-3273
Phone (541) 485-0220
Fax (541) 686-6564