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


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Date: April 13, 2006
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State: Arizona
Category: District Court of Arizona
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LAW OFFICES

B ROENING O BERG W OODS & W ILSON
PROFESSIONAL CORPORATION 1630 SOUTH STAPLEY DRIVE SUITE 210 MESA, ARIZONA 85204 (602) 271-7700

Michael J. Ryan, #017467 Diana Day, #023174 Attorneys for Plaintiff UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff SWA Painting, Inc., through un dersigned co unsel, here by submits the following Motion for Attorneys' Fees, Related Taxable Costs and Non-Taxable Expenses pursuant to Fed. R . Civ. P. 54(d)(2) and Loc al Rule 54.2(b)(1). Plaintiff specifies that it is entitled to an award of attorneys fees arising out of the judgment entered on March 30, 2006 in favor of Plaintiff SWA Painting the sum of $500,000 plus p rejudgment interest and post-judgmen t interest. As Plaintiff is the prevailing party and this claim arises out of con tract, Plaintiff is entitled to its attorn eys' fees by statute, A.R .S. 12-34 1.01, w hich provide s that: A. In any contested action arising out o f a contract, express or implied, the court may award the successful party rea sonable attorney fees. ... vs. Golden Eagle Insurance Corporation; Does 1-100; XYZ Corporations 1-100; Black and W hite Business Entities 1-100 ,, Defendants. SWA Painting, Inc., Plaintiff, NO. CIV-03-2364-PHX-DGC PLAINTIFF'S MOTION FOR AWARD OF ATTORNEYS' FEES AND RELATED NON-TAXABLE EXPENSES

Case 2:03-cv-02364-DGC

Document 151

Filed 04/13/2006

Page 1 of 2

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B. The award of reasonable attorney fees pursuant to subsection A should be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense. It need not equal or relate to the attorney fees actually paid or contracted, but the award may not exceed the amount paid or agreed to be paid. See Linthicum v. Nationwide Life Ins. Co., 150 Ariz. 354, 367, 723 P.2d 703, 716 (App.

5 1985) affirmed in part, reversed in part on other grounds, 150 Ariz. 326, 723 P.2d 675. 6 Plaintiff asserts that a fair estimate of the attorneys' fees and related non7 taxable expenses sought is $225,000. A memorandum of points and authorities containing 8 supporting documen tation will be filed in accordance with L.R.Civ. 54.2. 9 10 11 BROENING OBERG WOODS & WILSON, P.C. 12 13 By 14 15 16 17 18 19 20 21 22 23 24 25 26 By /s/ Diana Day 2 Case 2:03-cv-02364-DGC Document 151 Filed 04/13/2006 Page 2 of 2 Donald L. M yles, Jr. Jones Skelton & Hoch uli, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendant COURTESY C OPY mailed this 13th day of April, 2006, to: Terry A. Dake, Ltd. 11811 North Tatum Blvd. Suite 3031 Phoenix, Arizona 85028-1621 /s/ Diana Day Michael J. Ryan Diana Day 1630 S outh Sta pley D rive Suite 210 Mesa, Arizona 85204 Counsel for Plaintiff RESPECTFULLY SUBM ITTED this 13th day of April, 2006.

COPY mailed this 13th day of April, 2006, to: