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I S:rATE OF OREGON~;Manon County Circuit Courts!

J!

OCT 29 2012 !

_F;......;.;ll;;;;.;;;E;;;;.,:;;;D~1

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