Free Notice of Appeal - District Court of Arizona - Arizona

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Wayne Gill, Esq. (Fla Bar. No. 114953) WALTON LANTAFF SCHROEDER & CARSON LLP 1700 Palm Beach Lakes Boulevard, 7th Floor West Palm Beach, Florida 33401 Telephone: (561) 689-6700 Facsimile: (561) 689-2647 Steven Plitt, Esq. (State Bar No. 007481) Daniel Maldonado, Esq. (State Bar No. 018483) BESS KUNZ, A Professional Corporation 3838 North Central Avenue, Suite 1500 Phoenix, Arizona 85012-1092 Telephone: (602) 331-4600 Facsimile: (602) 331-8600 Attorneys for Defendant/Counter-Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA U-Haul International, Inc., et al Plaintiffs/Counter-Defendants, vs. No. CIV 04-0662 PHX DGC NOTICE OF APPEAL (Assigned to the Honorable David G. Campbell)

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Lumbermens Mutual Casualty Company, Defendant/Counter-Plaintiff.

Notice is hereby given that Defendant/Counter-Plaintiff Lumbermens Mutual Casualty Company ("LMC"), by its undersigned counsel appeals to the United States Court of Appeals for the Ninth Circuit from: (1) the Order signed on the 30th day of May, 2007, and entered in this action on the 31th day of May, 2007, granting in part, denying in part Plaintiffs' Motion for Award of Attorneys' Fees, and awarding

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Plaintiffs/Counter-Defendants U-Haul International, Inc. and Republic Western Insurance Company (collectively, "U-Haul") $412,576.75 in attorneys' fees to be paid

Case 2:04-cv-00662-DGC

Document 204

Filed 06/25/2007

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by LMC (Docket #190), (2) the Order signed and entered in this action on the 30th day of May, 2007, denying LMC's Motion for Amended and Additional Findings, Motion for Amendment of Judgment and Motion for New Trial (Docket #189), (3) the

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Judgment signed on the 14th day of March, 2007 and entered in this action on the 19th day of March, 2007, entering judgment in favor of Plaintiffs and against LMC in the amount of $1,958,535.69 (Docket #166), (4) the Order signed on the 14th day of March, 2007 and entered in this action on the 15th day of March, 2007, making findings of fact

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and conclusions of law, including the conclusion that Plaintiffs are entitled to judgment against LMC in the total amount of $1,958,535.69 (Docket #162), (5) the Order signed and entered in this action on the 13th day of October, 2006, granting LMC's Motion for Reconsideration of the Court's August 25, 2006 Order, but denying the relief sought in

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its previous motion for reconsideration (Docket #138), (6) the Order signed and entered in this action on the 25th day of August, 2006, granting in part and denying in part LMC's Motion for Reconsideration/Motion for Clarification (Docket #133), (7) the Order signed and entered in this action on the 12th day of June, 2006, granting in part and denying in part U-Haul's Motion for Summary Judgment, dismissing LMC's counterclaims and denying in part LMC's Motion for Summary Judgment (Docket #124), (8) evidentiary rulings made during the bench trial held on March 8, 2007; (9) The June 5, 2007 Award of Costs to Plaintiffs and (10) from all other rulings and orders underlying the Orders, Judgments, Awards described herein as well as the bench trial held on March 8, 2007.

Case 2:04-cv-00662-DGC

Document 204 -2

Filed 06/25/2007

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Dated this 25th day of June, 2007. WALTON LANTAFF SCHROEDER & CARSON LLP Wayne T. Gill, Esq. Southtrust Center 1700 Palm Beach Lakes Blvd., #700 West Palm Beach, FL 33401 KUNZ PLITT HYLAND DEMLONG KLEIFIELD

By:

s/ Daniel Maldonado Steven Plitt, Esq. Daniel Maldonado, Esq. 3838 N. Central Ave., Suite 1500 Phoenix, AZ 85012-1902 Attorneys for Defendant/Counter-Plaintiff

CERTIFICATE OF SERVICE I hereby certify that on June 25th , 2007, I electronically transmitted the attached documents 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 registrants:

Gerald Gaffaney, No. 003789 David J. Ouimette, No. 006423 Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 North Central, Suite 200 Phoenix, AZ 85012 Attorneys for Plaintiffs/Counter-Defendants Bruce Friedman, (admitted pro hac vice) Mark S. Fragner, (admitted pro hac vice) Rubin, Fiorella & Friedman, LLP 292 Madison Avenue New York, NY 10017 Attorneys for Plaintiffs/Counter-Defendants

s/ Tracey Griswold
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Case 2:04-cv-00662-DGC

Document 204 -3

Filed 06/25/2007

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