Scallon et al v. Scott Henry's Winery Corp. et al
| Jay Gairson and Leslee Scallon |
| Synthia Beavers, Paul Felker, Calvin Henry, III, William David Henry, Henry Enterprises, Inc., Sherry Kearney, Christina Kruse and Scott Henry's Winery Corp. |
| 6:2014cv01990 |
| December 12, 2014 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Michael J. McShane |
| Personal Injury: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
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Filing
256
Opinion and Order: The Court GRANTS each motion for fees and costs. See ECF Nos. 238 , 244 , & 249 . HEI's first motion for fees, ECF No. 239 , is DENIED as moot based on ECF No. 249 . Plaintiffs are awarded $411,461.30 in fees and & #036;12,959.88 in costs. Plaintiffs request post judgment interest of 9% under ORS 82.010(2). As this is a federal case, however, federal law governs the post judgment interest rate. Citicorp Real Estate, Inc. v. Smith, 155 F.3d 1097, 1107 (9th Cir. 1998). This rate is calculated at a rate equal to the weekly average 1-year constant maturity treasury yield for the calendar week preceding the date of judgment. Plaintiffs are entitled to post-judgment interest of 5.14%. http://www.federa lreserve.gov/releases/h15/current (last visited December 15, 2023). Defendant HEI spent $1,081,616.47 in fees and $44,638.83 in costs.Defendant Sherry Kearney spent $148,620.50 in fees. All of the above fees are reasonable. In buying o ut the shares of the Scott Henry Defendants, HEI may offset that purchase amount by the amount of fees above. This is consistent with the August 9, 2023, Order. ECF No. 237 . This offset applies only to the buyout of those shares; i.e., the Court do es not intend to make any of the Scott Henry Defendants personally liable for any attorney fees beyond the value of the shares the Scott Henry Defendants hold in HEI. After accounting for Scott Henry's debt, his shares were worth roughly $500,000. As this is well below the amount of attorney fees to be offset, the remaining shares have no value to be paid by HEI and are simply extinguished. Signed on 12/18/2023 by Judge Michael J. McShane. (cp)
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Filing
236
Opinion and Order: The Court agrees with the arguments and proposals contained in Plaintiffs' briefing 230 and the briefing of Defendants William David Henry, Christina Kruse and Shearry Kearney 228 . The Court concludes concludes Plaintiff s Option 1 Proposed Order is the most equitable outcome. The Court will sign and docket that Proposed Order contained in Exhibit A of Plaintiffs' Proposed Equitable Remedy and Proposed Order 230 . Regarding attorney's fees, the Court previo usly warned the parties that any application for fees must be reasonable. Although the Court will have to resolve the fee issue in order to redeem Scott Henry's Shares, the Court would like to avoid a protracted dispute, if possible, on fees and costs. Signed on 8/9/2023 by Judge Michael J. McShane. (cp)
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Filing
212
OPINION AND ORDER: These findings and conclusions give the parties ample opportunity to determine the fair value of Plaintiffs' shares. As noted at trial, the Court stays any remedy or buyout for 90 days while the parties work toward an accepta ble route forward. This route should include reasonable attorney fees. Given the history of this litigation, it is clear to the Court that any agreement will likely be one in which no party is truly satisfied. All parties will have to give and take to reach an acceptable outcome. However, if the parties remain unable to come to an agreement on the buyout, the Court will step in and, as noted at trial, use a much blunter instrument in crafting an appropriate remedy. This matter is stayed for 90 days. At that time, the parties shall file a joint status report. Joint Status Report is due by 9/15/2022. Ordered by Judge Michael J. McShane. (cp) Modified on 6/15/2022 to correct document type to Opinion(cp).
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Filing
78
OPINION and ORDER: HEI's Motion to Certify the May 13, 2015 order for interlocutory appeal 56 is granted. All matters are stayed pending disposition of HEI's interlocutory appeal. HEI's request for oral argument is denied as unnecessary. The parties shall file a joint status report within two weeks of the final Ninth Circuit order on HEI's interlocutory appeal. Signed on 9/30/2015 by Judge Michael J. McShane. (cp) Modified text to add opinion and changed document type to opinion on 9/30/2015. (kf)
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Filing
49
ORDER: Plaintiffs' Motion for Attorney Fees 47 is denied. Signed on 6/3/2015 by Judge Michael J. McShane. (cp)
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