Free Objection - District Court of Arizona - Arizona

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One South Church Avenue Suite 700 Tucson, Arizona 85701-1611 Facsimile No.: (520) 622-3088 Telephone: (520) 622-2090 Stephen M. Bressler, State Bar No. 09032 Email: [email protected] Brenden J. Griffin, State Bar No. 016197 Email: bgriffin$lrlaw.com Attorneys for Defendant John Elden Life Insurance Company

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

No. CIV-03-2383-PHX-MHM OBJECTION TO PLAINTIFF'S MOTION FOR AWARD OF ATORNEYS' FEES AND RELATED NON-TAXABLE EXPENSES (Assigned to the Hon. Mary H. Murguia)

Plaintiff has filed a motion for an award of attorneys' fees and related non-taxable expenses. Presumably, she will be filing her supporting memorandum in the near future. See LRCiv54.2(b)(2). When she does, defendant John Alden will respond to it. In the meantime, however, John Alden alerts the Court and plaintiff that John Alden objects to her motion as untimely. The final judgment in this case was entered on November 22, 2005. Plaintiff's deadline to file her motion was 14 days later on December 6, 2005. See Rule 54(d)(2)(B), F.R.C.P. and LRCiv 54.2(b)(1). She did not file her motion until December 12, 2005, which was six days after the deadline had passed. Accordingly, the Court should reject plaintiff's motion on its face. /// ///

Case 2:03-cv-02383-MHM

Document 75

Filed 12/14/2005

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DATED this 14th day of December, 2005. LEWIS AND ROCA LLP

By s/Brenden J. Griffin Stephen M. Bressler Brenden J. Griffin Attorneys for Defendant John Alden Life Insurance Company CERTIFICATE OF SERVICE I certify that on this 14th day of December, 2005, 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 registrant: Elliot G. Wolfe, Esq. Michelle D. Johnson, Esq. Begam, Lewis, Marks & Wolfe, P.A. 111 West Monroe Street, Suite 1400 Phoenix, Arizona 85003-1787 Email: [email protected] Attorneys for Plaintiff COURTESY COPY of the foregoing Emailed this 14th day of December, 2005, to: The Honorable Mary H. Murguia United States District Court District of Arizona 401 W. Washington Phoenix, AZ 85003 Email: [email protected]

s/Joan E. Mitchell

Case 2:03-cv-02383-MHM

Document 75

Filed 12/14/2005

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