D. Oregon cuts consumer protection fee award 81.7%, including for vague entries

What happened

Hernandez & Associates, LLC, counsel for the fee applicant, requested $620,725 in fees in Santoro v. OCWEN Loan Servicing, LLC. Judge Adrienne Nelson awarded $113,531.50, a reduction of $507,193.50 or 81.7%. The court applied a percentage reduction of eighty-nine percent for vague entries and block billing, and the same reduction for hours on unrelated and unsuccessful claims. It cut duplicative staffing charges by 50%, deducted clerical work billed as legal work, and removed 1.5 hours of other charges. The court also reduced the hourly rates for the fee applicant's timekeepers.

What the court said

the Court deems a percentage reduction of eighty-nine percent, or approximately eight-ninths, to be appropriate.

the Court deems a percentage reduction of eighty-nine percent, or approximately eight-ninths, to be appropriate.

All three firms charge for unrecoverable clerical tasks. Upon review, the Court adopts OCWEN's proposed objections and reduces the recoverable hours for these charges

The court also reduced the award for: unrelated claims, duplicative staffing, other, hourly rate reduced, hourly rate reduced, hourly rate reduced.

Why it matters

The ruling shows that a fee award can be reduced sharply when time entries are vague or block billed, and when hours are billed for clerical tasks or unsuccessful claims. Courts will apply percentage cuts to categories of entries and adjust hourly rates, so the records supporting a fee petition determine how much of the requested amount survives.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

Cite this ruling

See hourly rates the D. Oregon approves and attorney fee motions in Oregon federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.