Johnson v. Best Overhead Door, LLC
238 Or. App. 559
| Or. Ct. App. | 2010Background
- Johnson sued Best Overhead Door, LLC for sexual harassment, retaliation, and wrongful discharge; jury apportioned verdict on wrongful discharge in defendant’s favor, trial court ruled in plaintiff’s favor on sexual harassment and granted injunctive relief but no back pay; plaintiff sought attorney fees under ORCP 68 C(4)(a) and cost recovery; fee request was filed 16 days after judgment due to a misdelivered mailing; trial court allowed a late filing under ORCP 15 D and awarded fees and costs; defendant appeals asserting late filing was improper and fees were incorrect or unsupported; Court affirms trial court’s decision awarding fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ORCP 15 D permitted late filing of the fee request. | ORCP 15 D gives discretion to permit late filing after time limits. | ORCP 15 D does not apply to late filing after the 14-day period; ORCP 68 governs timing. | Yes; ORCP 15 D allowed the late filing under the circumstances. |
Key Cases Cited
- Jaffe v. The Principle Co., 215 Or.App. 385, 389-90, 170 P.3d 4 (Or.App. 2007) (late filing of fee request permissible under ORCP 15 D when timely extension sought)
- Husted v. SCI Oregon Funeral Services, Inc., 209 Or.App. 45, 48-49, 146 P.3d 376 (Or.App. 2006) (ORCP 15 D discretion re timing of filings discussed)
- Powers v. Quigley, 212 Or.App. 644, 651, 159 P.3d 371 (Or.App. 2007) (ORCP 15 D applicability and limits; later reversed on other grounds)
- Mulier v. Johnson, 332 Or. 344, 349-51, 29 P.3d 1104 (Or. 2001) (interpretation of procedural defects and ORCP provisions)