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I S:rATE OF OREGON~;Manon County Circuit Courts!
J!
OCT 29 2012 !
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ENTEREDOCl 30 '1m2
'1!t
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
Plaintiff,SUPPLEMENTAL JUDGMENT
MARK LONG, Case No. 11C14422Honorable Thomas M. Hart
vs.
ELLEN ROSENBLUM, in her officialcapacity as Attorney General for theState of Oregon and Successor toKroger,
Defendant.
On October 12,2012, this court held a hearing pursuant to ORCP 68 on Plaintiffs
Statement of Attorney Fees and Costs and defendant's objections thereto. This court has
considered the written submissions of the parties, including their expert witness
declarations and other written evidence, their oral arguments, the testimony and exhibits
admitted into evidence at the October 12,2012 hearing, the factors set forth in
ORS 20.075, and such other considerations raised at the October 12,2012 hearing.
Having duly considered the evidence and arguments, the court finds that plaintiff is the
prevailing party and is entitled to an award of attorney fees and costs as provided for in
ORS 192.490. The court further finds, for the reasons indicated at the hearing, that the
amount of attorney fees and costs actually incurred by plaintiff, as set forth in his
submissions, is fair and reasonable under the circumstances. Moreover, the court finds
that an enhancement of the attorney fee award in the amount of 10% is appropriate and
justified under the circumstances of this case, as more particularly identified at the
October 12,2012 hearing. My findings expressed at the October 12,2012 hearing are
HARRANG LONG GARYRUDNICK p.e. Page 1 - SUPPLEMENTAL JUDGMENT
360 East 10th AvenueSuite 300
Eugene, OR 97401-3273Phone (541) 485-0220
Fax (541) 686.B564
5
Submitted by:William F. Gary, OSB #770325Jeffery J. Matthews, OSB#973280Of Attorneys for Plaintiff
Page 2 - SUPPLEMENTAL JUDGMENT
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
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22 ALL 4DATED thi~y of October,
HARRANG LONG GARY
RUDNICK P.C.360 East 10th Avenue
Suite 300Eugene, OR 97401-3273
Phone (541) 485-0220
Fax (541) 686-6564
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JUDGMENT CREDITOR:
JUDGMENT CREDITOR'S ATTORNEY:
7JUDGMENT DEBTOR:
Address:
Date of Birth:Tax Identification No.:Driver's License No./State:
JUDGMENT DEBTOR'S ATTORNEY:
PERSON/PUBLIC BODYENTITLED TO PORTION:
AMOUNT OF JUDGMENT:
Attorney Fees
Costs
POST -JUDGMENT INTEREST:
Mark Long
William F. Gary and Harrang LongGary Rudnick P.C.
ELLEN ROSENBLUM, in herofficial capacity as Attorney Generalfor the State of Oregon
Oregon Department of Justice1162 COUliStreet NESalem, OR 97301-4096
UnknownUnknownUnknown
John J. Dunbar
None
$0.00
$560,107.36
$2,462
Thomas M. HartMarion County Circuit Court Judge
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00430138.1
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:
x Via First Class Mail. Postage Prepaid
Via ~ err-o..:~Via Personal Deliverv
John J. Dunbar, OSB No. 842100Jolm.Dunbar(cV,doj .state.or.usAttorney in ChargeSarah Weston, OSB No. 085083Sarah. Weston@doj .state. or. usAssistant Attorney GeneralDepartment of Justice1515 SW Fifth Avenue, Suite 410Portland, OR 97201Telephone: 971-673-1880Fax: 971-673-5000
Of Attorneys for Defendant
HARRANG LONG GARY RUDNICK P.c.
By r;Jf--QgJ-ecWiiamF.~j)S #770325william.f. garv(cV,harrang. comJeffery J. Matthews, OSB #973280jeffery. j .matthews(cV,harrang. comTelephone: (541) 485-0220Facsimile: (541) 686-6564Of Attorneys for Plaintiff
HARRANG LONG GARYRUDNICKP.C. Page 1 - CERTIFICATE OF SERVICE
380 Eo~t 1nth Avenue
Suite 300Eugene, OR 97401-3273
Phone (541) 485-0220Fax (541) 686-6564