Free Reply to Response to Motion - District Court of Arizona - Arizona

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B EGAM L EWIS M ARKS & W OLFE
A PROFESSIONAL ASSOCIATION OF LAWYERS

Elliot G. Wolfe State Bar #005521 BEGAM, LEWIS, MARKS & WOLFE, P. A. 111 West Monroe Street, Suite 1400 Phoenix, Arizona 85003-1787 (602) 254-6071 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) v. ) ) John Alden Health Insurance Co.; Fortis ) Health; Fortis, Inc.; Black Corporations I- ) II ) ) Defendants. ) ) ) ) Mary O'Dowd

NO. CIV-03-2383-PHX-MHM PLAINTIFF S REPLY TO DEFENDANT S OBJECTION TO PLAINTIFF S MOTION FOR AWARD OF ATTORNEYS FEES AND RELATED NON-TAXABLE EXPENSES (Assigned to the Honorable Mary H. Murguia)

The defendant has objected to the filing of the plaintiff's Motion as untimely.
The defendant contends that the plaintiff did not file her motion within 14 days of the entry of judgment. The defendant has mistakenly stated that judgment was entered on November 22, 2005. That is the day that the judgment was signed. The judgment was entered on November 28, 2005. Therefore, the plaintiff's Motion for Award of Attorneys' Fees was timely filed within 14 days of the entry of judgment, as required by Rule 54.2(b)(1).

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159742

Case 2:03-cv-02383-MHM

Document 76

Filed 12/14/2005

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B EGAM L EWIS M ARKS & W OLFE
A PROFESSIONAL ASSOCIATION OF LAWYERS

According to Rule 54(b)(2), the plaintiff has 60 days from the entry of judgment within which to file her memorandum of points and authorities in support of her motion.

DATED this 14th day of December, 2005. BEGAM, LEWIS, MARKS & WOLFE, P. A.

By___/s/ Elliot G. Wolfe Elliot G. Wolfe 111 West Monroe Street, Suite 1400 Phoenix, Arizona 85003-1787 (602) 254-6071 Attorneys for Plaintiff ORIGINAL electronically transmitted to the Clerk of the United States District Court on December 14, 2005. COPY of the foregoing mailed this 14th day of December, 2005, to: The Honorable Mary H. Murguia UNITED STATES DISTRICT COURT 401 West Washington Phoenix, AZ 85003 Stephen M. Bressler Brenden J. Griffin LEWIS AND ROCA 40 North Central Avenue Phoenix, AZ 85004-5747 Attorneys for Defendant John Alden Life Insurance Company

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/s/ Karen L. Ingles____________________

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-2Document 76 Filed 12/14/2005 Page 2 of 2

Case 2:03-cv-02383-MHM