Free Order on Motion for Attorney Fees - District Court of Arizona - Arizona


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Date: August 30, 2005
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State: Arizona
Category: District Court of Arizona
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pending before the Court is a Motion for Attorneys' Fees [Doc. No. 128], filed by Defendants Westport Insurance Corp. and Gallagher Bassett Services, Inc. Defendants request an award of $10,450.04 in attorneys' fees and expenses, in addition to an award of costs, pursuant to Section 12-341.01 of the Arizona Revised Statutes. That provision permits a court to award reasonable attorneys' fees to a successful party in any contract action. ARIZ. REV. STAT. ยง 12-341.01(A). Because the Court granted summary judgment on Plaintiff's bad faith claim in favor of Defendants [Doc. No. 126], among other reasons, Defendants argue they are entitled to an award of attorneys' fees and ask this Court to grant the pending Motion. After Defendants moved for attorneys' fees, Plaintiff appealed the Court's Order granting summary judgment to the United States Circuit Court of Appeals for the Ninth Circuit. [Doc. No. 130] In light of Plaintiff's appeal, the Court finds that it would be imprudent to resolve the pending Motion for attorneys' fees at this time. Consequently, the Court will deny
Case 2:04-cv-00233-SMM Document 131 Filed 08/31/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) v. ) WESTPORT INSURANCE CORP., et al.,) ) ) Defendants. ) Patricia ELSTON,

No. CV-04-233-PHX-SMM ORDER

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Defendants' Motion without prejudice and with leave to re-file upon the Ninth Circuit's resolution of Plaintiff's appeal. Accordingly, IT IS ORDERED that Defendants' Motion for Attorneys' Fees [Doc. No. 128] is DENIED WITHOUT PREJUDICE. Defendants may re-file their Motion for Attorneys' Fees upon resolution of Plaintiff's appeal by the United States Court of Appeals for the Ninth Circuit.

DATED this 29th day of August, 2005.

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