SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

Size: px

Start display at page:

Download "SUPERIOR COURT OF WASHINGTON FOR KING COUNTY"

Ruth Norton
5 years ago
Views:

1 JUDGE MARY E. ROBERTS SUPERIOR COURT OF WASHINGTON FOR KING COUNTY WASTE MANAGEMENT OF WASHINGTON, INC., a Delaware corporation and subsidiary of WASTE MANAGEMENT, INC., a Delaware corporation, v. Plaintiff, CITY OF SAMMAMISH, a municipality of Washington, and RABANCO LTD., d/b/a REPUBLIC SERVICES, a Washington corporation, Defendants. NO SEA COSTS TO CITY OF SAMAMMISH, AND JUDGMENT Clerk s Action Required Judgment Creditor: Judgment Debtor: JUDGMENT SUMMARY City of Sammamish Principal Amount of Judgment: $,. Attorneys for Judgment Creditors: Attorneys for Judgment Debtors: Interest accrued post-judgment: Waste Management of Washington, Inc., and Waste Management Inc. Kenyon Disend, PLLC Davis Wright Tremaine, LLP 1% per annum. COSTS TO CITY OF SAMMAMISH - 1 Seattle, WA -1 () -1

2 1 1 1 This matter came before the court on the City of Sammamish s Motion for Award of Attorney Fees and Costs. The court considered the following: 1. City of Sammamish s Motion for Award of Attorney Fees and Cost;. Declaration of Michael R. Kenton in Support of City of Sammamish s Motion for Award of Attorneys Fees and Costs;. Opposition to Motion for Award of Attorney Fees and Costs;. City of Sammamish s Reply on Motion for Award of Attorney Fees and Costs; and. The records on file with the court herein. This case came before the court on a fast track by the plaintiff, Wasted Management of Washington, to attempt to enjoin the actions of the City of Sammamish in its bid selection process that did not favor Waste Management. Waste Management of Washington, successfully obtained a temporary restraining order, and the City thereafter successfully resisted the entry of a preliminary injunction and the TRO was dissolved. Under such circumstances the City is entitled to attorney s fees. See, White v. Wilhelm, Wn. App., (); Cornell Pump Co. v. City of Bellingham, 1 Wn. App. (0). The court previously ruled that the City is entitled to its fees and costs in successfully resisting Waste Management s unreasonable request for injunctive relief where there was no dispute over the fact that Waste Management s bid was nonresponsive to the City s requirements. COSTS TO CITY OF SAMMAMISH - Seattle, WA -1 () -1

3 1 1 1 After carefully considering the above-referenced material, including each of the attorney billing entries, the court FINDS as follows: 1. The City reasonably incurred attorney fees and costs of $,. in opposing this action.. The legal services rendered by Kenyon Disend, PLLC in defense of the City were reasonable and essential to the outcome of this litigation.. The attorneys and legal staff at Kenyon Disend, PLLC expended a reasonable number of hours in securing a successful outcome to this litigation. The firm made deductions where time was not productive, i.e. where it fairly considered a new associate s presence was a training opportunity.. The hourly rates of the attorneys and legal staff at Kenyon Disend, PLLC were reasonable at the time the services were rendered. The attorney rates charges were in fact substantially below the prevailing hourly rates of similarly-experienced municipal attorneys in the relevant community.. The costs incurred by Kenyon Disend, PLLC in defense of the City in this action were reasonable.. The total amount of reasonable attorney fees and expenses incurred by Kenyon Disend, PLLC on behalf of the City in defense of this action is $,... No upward or downward adjustment of the lodestar is required in this matter. Based on the above, it is HEREBY ORDERED AND ADJUDGED: COSTS TO CITY OF SAMMAMISH - Seattle, WA -1 () -1

4 1. Defendant City of Sammamish s Motion for Attorney s Fees and Costs is GRANTED.. Judgement is entered in this matter consistent with the above Judgement Summary. DATED this 1st day of August, See digital signature JUDGE MARY E. ROBERTS COSTS TO CITY OF SAMMAMISH - Seattle, WA -1 () -1

5 Judicial Electronic Signature Page Case Number: Case Title: Document Title: Signed by: Date: ---0 WASTE MANAGEMENT OF WA INC VS CITY OF SAMMAMISH ORDER AWARDING FEES TO CITY Mary Roberts /1/ ::1 AM Judge/Commissioner: Mary Roberts This document is signed in accordance with the provisions in GR 0. Certificate Hash: BEECBBFEFCAAC001DFFEC Certificate effective date: //1 :1:1 AM Certificate expiry date: // :1:1 AM Certificate Issued by: C=US, OU=KCDJA, O=KCDJA, CN="Mary Roberts:khEvnHhGfRLtYYhwmw==" Page of

6 STATE OF WASHINGTON 7 KING COUNTY SUPERIOR COURT 8 STATE OF WASHINGTON, NO, SEA. 9 Plaintiff, STIPULATION AND AGREED JUDGMENT 10 V.

6 STATE OF WASHINGTON 7 KING COUNTY SUPERIOR COURT 8 STATE OF WASHINGTON, NO, SEA. 9 Plaintiff, STIPULATION AND AGREED JUDGMENT 10 V. 3 STATE OF WASHINGTON KING COUNTY SUPERIOR COURT 8 STATE OF WASHINGTON, NO, --0-3 SEA Plaintiff, STIPULATION AND AGREED JUDGMENT 0 V. EASTSIDE DEMOCRATIC DINNER COMMITTEE, a Washington registered political