Free Order on Motion for Judgment - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Best Westem Intemational, lnc., an) No. 04-0123-PHX-ROS
Arizona non-profit corporation,
10 ORDER
Plaintiff, )
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vs. )
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13 Oasis Investments, L.P., a Utah limited)
partnership; and Richard M. Knapp, )
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Defendants. )
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_“.;_..t.__;._)
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18 Pending before the Court is Plaintiffs Motion for Entiy of Judgment and Motion for
19 Attorneys' Fees. (Doe. 25, 28) For the following reasons, both motions will be granted.
20 BACKGROUND
21 On November 10, 2005, the Court granted summary judgment in favor of Plaintiff on
22 Counts 1 and II of its complaint. (Doc. 20) Plaintiff later fileda Motion for Judgment,
23 asking the Court to enter judgment in the amount of $126,89232. (Doc. 25) Defendants did
24 not tile a response to this motion. Plaintiff also filed a Motion for Award of Attomeys' Fees,
25 asking the Court to award $6,446.65 in attorneys' fees and non—taxablc expenses. (Doc. 28)
26 The Motion for Award of Attomeys' Fees was accompanied by the documents required by
27 the Rules of Practice of the United States District Couit for the District of Arizona ("Local
28 Rules"). Defendants did not tile a response.
ase 2:04-cv-00123-ROS Document 31 Filed O4/27/2006 Page 1 of 2

1 ANALYSIS
2 Pursuant to Local Rule 7.2(i), Defendants failure to respond to either of the motions
3 filed by Plaintiff "may be deemed . . . consent to the . . . granting ofthe motion[s]." Having
4 granted summary judgment in November 2005, there appears no just reason to delay the entry
5 of judgment on Counts I and II. The Motion for Entry of Judgment will be granted.
6 "A federal court sitting in diversity applies the law of the forum state regarding an
7 award of attorneys fecs." Kona Enters., Inc. v. Estate of Bishop, 229 F .3d 877, 883 (9th Cir.
8 2000). In Arizona, the prevailing party in a contract dispute may be entitled to an award of
9 attomeys' fees. A.R.S. § 12-341.01. In light ofthe circumstances of this case as set forth in
10 Plaintiffs motion and on the record, the Court determines that an award of attorneys' fees and
11 r1on—taxab1e expenses is merited and that the amount requested is reasonable. The Motion
12 for Attorneys Fees will be granted.
l 3 Accordingly,
14 IT IS ORDERED Best Western‘s Motion for Judgment (Doc. 25) is GRANTED.
15 Judgment shall be entered against Defendants Oasis Investments, L.P. and Richard M. Knapp
16 in the amount of $126,892.32 on Counts I and ll of Best Westem's Complaint.
17 IT IS FURTHER ORDERED Best Western Motion for Attorneys Fees (Doc. 28)
18 is GRANTED. Best Western is awarded $6,446.65 in attorneys' fees and non—taxab1e
19 expenses.
20 IT IS FURTHER ORDERED interest shall accrue on the foregoing amounts
21 pursuant to 28 U.S.C. § 1961.
22 IT IS FURTHER ORDERED judgment be entered directly as there is no just reason
23 for delay.
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DATED og r · .
.. 4/A/44 Q
26 n ilv r
United States District Judge
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ase 2:04-cv-00123-ROS Document 31 Filed O4/27/2006 Page 2 of 2

Case 2:04-cv-00123-ROS

Document 31

Filed 04/27/2006

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Case 2:04-cv-00123-ROS

Document 31

Filed 04/27/2006

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