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

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

GUST ROSENFELD P.L.C.
201 E. Washington, Suite 800 Phoenix, AZ 85004-2327 602.257.7422 Telephone 602.254.4878 Facsimile Timothy W. Barton ­ 01515

Attorneys for Appellees

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) BFA LIQUIDATION TRUST, ) ) ) Debtor. ) Case No. CIV 04-0406-PHX-EHC ) NEW ASSET SUBSIDIARY, L.L.C., an Arizona limited ) liability company, ) ) ) Defendant/Appellant, ) APPELLEES MOTION FOR AN ) vs. AWARD OF ATTORNEYS FEES ) ) ROBERT B. ZELMS and LINDA K. ZELMS, ) husband and wife; et al., ) Plaintiffs/Appellees. ) Appellees, pursuant to Local Rule CIV 54.2(b)(1), move the court for an award of attorneys fees and related non-taxable expenses and, as required by such rule, specify: 1. That appellees are entitled to recover their attorneys fees pursuant to A.R.S. § In re:

12-341.01 as this is an action arising out of contract in which appellees were the successful parties. The bankruptcy court from whose judgment appellant unsuccessfully appealed, has already awarded appellees their attorneys fees for the services of their attorneys in the bankruptcy court. This motion deals strictly with attorneys fees on the appeal.

Case 2:04-cv-00406-EHC

TWB:djc 607696 10/5/05

-1Document 31

Filed 10/05/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

2. 3.

The amount of attorneys fees sought is $30,789. As permitted by the local rules, a memorandum of points and authorities, as

required by Rule 7.2, Local Rules of Civil Procedure, and the supporting documentation as required by subparagraph (d) of Local Rule CIV 54.2 will be subsequently filed in support of this motion. RESPECTFULLY submitted this 5th day of October 2005. GUST ROSENFELD

By /s/ TWB ­ #001515 Timothy W. Barton Attorney for appellees ORIGINAL electronically filed this 5th day of October 2005, with: Office of the Clerk United States District Court Sandra Day O'Connor Courthouse 401 W. Washington Street Phoenix, AZ 85003-2151 COPIES of the foregoing mailed this 5th day of October 2005, to: Honorable Earl H. Carroll United States District Court Sandra Day O'Connor Courthouse, Suite 521 401 W. Washington Street, SPC 48 Phoenix, AZ 85003-2151 Craig J. Bolton Jennings Haug & Cunningham 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 Attorneys for Defendant By /s/ Debra J. Chapman

24 25 26

Case 2:04-cv-00406-EHC

TWB:djc 607696 10/5/05

-2Document 31

Filed 10/05/2005

Page 2 of 2