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HomeMy WebLinkAbout9587261 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECEIVED 4/4/2011 at 11:05 AM RECEIVING 958726 BOOK: 764 PAGE: 851 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00085i IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY In the Matter of: SHEPARD LAW OFFICES, P.C. an Oregon Corporation, Lynn Shepard, and Vanessa Carter, v. JAMES IVAN RIDGE, Plaintiffs, Defendant. Case No. 16 -10 -03372 SUPPLEMENTAL JUDGMENT RE: COSTS AND DISBURSEMENTS AND PREVAILING PARTY FEE (Money Award) rI ILED N...... CLACK M FEB 7 2011 circuit Court For tale County, Oregon THIS MATTER came before the Court on Plaintiffs' Statement For Costs and Disbursements and Prevailing Party Fee For Plaintiffs, filed herein on or about November 23, 2010. The time having passed for Defendant to file objections to said Statement for Costs and Disbursements and Prevailing Party Fee for Plaintiffs, and Defendant having filed no objection, and the Court having reviewed the documents and pleadings on file herein and being fully informed thereby, makes the following FINDINGS OF FACT: 1. Plaintiffs are entitled to recover costs and disbursements pursuant to ORCP 68B. 2. The total sum of these costs and disbursements incurred by Plaintiffs is $1,118.45. 2. Plaintiffs are entitled to recover, as part of costs and disbursements, the following additional amounts as prevailing party fees: 2.1 $550, pursuant to ORS 20.190(2)(a)(B). 2.2 $5,000, Pursuant to ORS 20.190(3). Page 1 SUPPLEMENTAL JUDGMENT RE: COSTS AND DISBURSEMENTS AND PREVAILING PARTY FEE SHEPARD LAW OFFICES, P.C. 66 Club Road, Suite 200 Eugene, OR 97402 (541) 485-3222/Fax (541) 344 -7487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The following specific factors support an award of the enhanced prevailing party fee pursuant to ORS 20.190(3): 3.1 ORS 20.190(3)(a) The conduct of the parties in the transactions or occurrences that gave rise to the litigation; 3.2 ORS 20.190(3)(b) The objective reasonableness of the claims and defenses asserted by the parties; 3.3 ORS 20.190(3)(e) The objective reasonableness of the parties and the diligence of the parties and their attorneys during the proceedings; 3.4 ORS 20.190(3)(d) The objective reasonableness of the parties and the diligence of the parties in pursuing settlement of the dispute. 3.5 ORS 20.190(3)(h) Such other factors as the court may consider appropriate under the circumstances of the case. Among other factors, the Court has considered that it is expected that it will be difficult and expensive for Plaintiffs to collect the damages awarded herein from Defendant. IT IS HEREBY ORDERED AND ADJUSTED AS FOLLOWS: 1. Plaintiffs shall have judgment against Defendant in the amount of $6,668.45 for costs and disbursements, a prevailing party fee, and an enhanced prevailing party fee. 2. Money Award. JUDGMENT CREDITOR: CREDITOR'S ATTORNEY: JUDGMENT DEBTOR: Lynn Shepard and /or Shepard Law Offices, P.C. Lynn Shepard 66 Club Road Eugene, OR 97401 (541) 485 -3222 James Ivan Ridge 1382 Crow Creek Road 000852 Page 2 SUPPLEMENTAL JUDGMENT RE: COSTS AND DISBURSEMENTS AND PREVAILING PARTY FEE SHEPARD LAW OFFICES, P.C. 66 Club Road, Suite 200 Eugene, OR 97402 (541) 485-3222/Fax (541) 344 -7487 1 Afton, WY 83110 Date of Birth: Protected by UTCR 2.100 Social Security Number: Protected by UTCR 2.100 DEBTOR'S ATTORNEY: None Judgment Amount: $6,668.45 Post Judgment Interest: Nine percent (9 per annum, said interest running from the date of entry of the judgment Prepared and submitted by: Lynn Shepard, OSB #801073 Shepard Law Offices P.C. 66 Club Road, Ste 200 Eugene, OR 97401 Attorney for Plaintiffs Dated this day of 66/' 2011. B. Chanti, Circuit Court Judge Page 3 SUPPLEMENTAL JUDGMENT RE: COSTS AND DISBURSEMENTS AND PREVAILING PARTY FEE SHEPARD LAW OFFICES, P.C. 66 Club Road, Suite 200 Eugene, OR 97402 (541) 485-3222/Fax (541) 344-7487 TIFIED TO BE A TRUE COPY OF THE ORIGIN DOCUMENT CONSISTING OF WHICH THIS OFFICE AND PAGES WHICH M THE LEGAL CUSTODIAN... dd DATED i I Circuit Court B y Lane County, Oregon o,-