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

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile (602) 262-5747 Telephone (602) 262-5311 Troy P. Foster State Bar No. 017229 [email protected] Justin S. Pierce State Bar No. 022646 [email protected] Attorneys for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) )

8 Stu Dvoret, an individual, 9 10 vs. Plaintiff,

No. CV 03-2133 PHX VAM DEFENDANT MARICOPA COMMUNITY COLLEGES' MOTION FOR ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES

11 Maricopa Community Colleges, 12 13 14 Defendant.

Pursuant to Local Rule 54.2, Defendant moves for an award of attorneys' fees and

15 related non-taxable expenses and states as follows: 16 1. On June 6, 2006, judgment was entered in this matter after the Court

17 granted the Defendant's Motion for Summary Judgment. The statutory authority for an 18 award of fees is A.R.S. §12-341.01, which allows for an award of fees in contract actions. 19 Defendant is not seeking fees pursuant to 42 U.S.C. § 1988, which allows for an award of 20 attorneys' fees to the prevailing party in a civil rights action under 42 U.S.C. § 1983. 21 2. This action arises, in part, out of contract, and the Defendant is the

22 prevailing party. Accordingly, the Defendant seeks attorneys' fees and related non23 taxable expenses of approximately $23,340.80. Pursuant to Local Rule 54.2(b), 24 Defendant will submit its Memorandum in Support of Award of Attorneys' Fees and 25 Related Non-Taxable Expenses by August 7, 2006. 26 27 28
Case 2:03-cv-02133-VAM Document 68 Filed 06/20/2006 Page 1 of 2
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RESPECTFULLY SUBMITTED this 20th day of June, 2006. LEWIS AND ROCA LLP

By s/ Troy P. Foster Troy P. Foster Justin S. Pierce Attorneys for Defendant

CERTIFICATE OF SERVICE I hereby certify that on June 20, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrant. Steven L. Evans Steven L. Evans PLC 322 West Roosevelt Street Phoenix, Arizona 85003-1325 Attorney for Plaintiff s/ Kathleen A. Topczewski

Case 2:03-cv-02133-VAM

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2Filed 06/20/2006

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