”) The term “prevailingparty” as used in Or.Rev.Stat. § 653.055(4) is further defined in Oregon law: “the prevailing party is the party who receives a favorable judgment or arbitration award on the claim.” Or.Rev.Stat. § 20.077(2); Rogers v. RGIS, LLP, 229 Or.App. 580, 584–585, 213 P.3d 583 (2009) (referring to Or.Rev.Stat. § 20.077(1) and (2) to determine whether defendant employer was the prevailing party on plaintiff employee's claims falling within the ambit of Or.Rev.Stat. § 653.055). .Section 653.055 references a span of sections within Chapter 653, Or.Rev.Stat. §§ 653.010 to 653.
To determine which party prevailed on each claim, whether an award of attorney's fees is warranted, and if so, how much of an award is reasonable, the Court turns to Oregon law. Oregon courts have articulated the principles that guide determination of when and how to award attorney's fees under the "Prevailing party" statute, four of which are particularly germane to the instant situation. The first such principle is that, under ORS § 20.077, claims grounded in a statute, rather than a contract, do not give rise to an award of attorney's fees. CMS Sheep Co., Inc. v. Russell, 179 Or. App. 172, 177-78, 39 P.3d 262, 264-65 (Or. Ct. App. 2002); but see Rogers v. RGIS, LLP, 229 Or. App. 580, 584-87, 213 P.3d 583, 585-87 (Or. Ct. App. 2009) (awarding fees and costs under a statute where the statutory section specifically authorized an award of fees). Therefore, no attorney's fees may be awarded to the Plaintiff as the prevailing party on the stay violation claim.
Plaintiffs assert the 6,140.5 hours sought pertain only to the WBF fund, late final paycheck claims, or “addressed issues common to all claims.” Id. See,Rogers v. RGIS, LLP, 229 Or.App. 580, 587 (2009)(when “a case involves multiple claims and more than one party prevails, a party seeking fees must submit a sufficiently detailed statement to permit the trial court to apportion the fees on a claim-by-claim basis”); Don't Shoot Portland v. City of Portland, No. 3:20-CV-00917-HZ, 2023 WL 6213352, at *4 (D. Or. Sept. 24, 2023)(“It is the fee claimant's burden to demonstrate that the number of hours spent on the case were ‘reasonably expended' on the litigation and that counsel made a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary[.]”)(quotation omitted)
A party seeking attorney fees pursuant to ORS § 652.200(2) must file with the court "a signed and detailed statement of the amount of attorney fees or costs and disbursements, together with proof of service" on the adverse party. Rogers v. RGIS, LLP, 229 Or. App. 580, 213 P.3d 583, 586-87 (2009) (citing, ORCP 68 C(1), C(4)(a)(1)). Hunter has filed the required statement, showing the hours expended and hourly rates charged by each of his two co-counsel and their legal assistants, totaling $12,790.00. The court finds the hours expended and hourly rates to be reasonable. Hunter also seeks to recover $395 in costs, consisting of the $350 Complaint filing fee and $45 service fee.