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

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FENNEMORE CRAIG , P.C.
P HOENIX

FENNEMORE CRAIG, P.C. Janet Weinstein (No. 011910) Kevin J. Bonner (No. 017944) Sherida Colvin (No. 020064) 3003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Telephone: (602) 916-5000 Email: [email protected] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Century 21 Real Estate Corporation, Plaintiff, v. Daryush B. Motlagh and Jane Doe Motlagh, husband and wife; Integrity Assurance, Inc. an Arizona corporation, Defendants. Daryush B. Motlagh and Jennifer Motlagh, husband and wife; Integrity Assurance, Inc., an Arizona corporation, Counterclaimants, v. Century 21 Real Estate Corporation, a Delaware corporation doing business in the State of Arizona, Does(s) 1 through 100, Counterdefendants. Plaintiffs'/Counterdefendant Century 21 Real Estate Corporation's ("Century 21") moves the court for an award of attorneys' fees pursuant to L.R. Civ. 54.2. Local Rule CENTURY 21 REAL ESTATE CORPORATION'S MOTION FOR ATTORNEYS' FEES No. CIV 03 2353-PHX-DGC

(Assigned to the Hon. David G. Campbell)

Case 2:03-cv-02353-DGC

Document 95

Filed 11/28/2006

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FENNEMORE CRAIG , P.C.
P HOENIX

54.1(b)(1) requires a motion for attorneys' fees to set forth: (a) the applicable judgment and the statutory or contractual authority entitling the party to the award; and (b) the amount of attorneys' fees and related non-taxable expenses sought. On November 28, 2005, the Court granted in part Century 21's motion to dismiss the counterclaim, dismissing the counterclaim asserted by Integrity Assurance, Inc. On September 19, 2006, the Court granted in part Century 21's motion for summary judgment with respect to the counterclaim asserted by Daryush and Jennifer Motlagh. On November 14, 2006, the Court entered a Permanent Injunction and Order Dismissing Counts Two, Three and Four of the Verified Complaint Without Prejudice. Century 21 has concurrently lodged a proposed form of judgment along with this motion. Fees are warranted because the contract at issue in this case specifies that the prevailing parties are entitled to fees. See Exhibit 1 at Section 20, page 42 ("should any legal action be instituted, the prevailing party shall be entitled to recover all litigation costs and expenses, including attorneys' fees."). Further, because this matter arose on a contract, attorneys' fees may be awarded under A.R.S. § 12-341.01. Century 21 is the prevailing party with respect to the counterclaim and is therefore entitled to its attorneys' fees related to the counterclaim which are approximately $65,411. The Court should enter judgment against Integrity and the Motlaghs for these fees. On November 27, 2006, Century 21's counsel, Kevin Bonner, conferred with defendants' counsel Don Williams regarding this motion by telephone. Mr. Williams indicated that defendants would not agree to pay any of Century 21's attorneys fees necessitating this motion. Century 21 will submit its Memorandum in Support of this Motion in accordance with Local Rule 54.2(b)(2) and (c). ///

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FENNEMORE CRAIG , P.C.
P HOENIX

DATED this 28th day of November, 2006. FENNEMORE CRAIG, P.C.

By/s/ Kevin J. Bonner Janet Weinstein Kevin J. Bonner Sherida Colvin Attorneys for Plaintiff Century 21 Real Estate Corporation

ORIGINAL of the foregoing Filed electronically this 28th day of November, 2006, with: United States District Court District of Arizona 401 West Washington Street Phoenix, AZ 85003 COPY OF THE FOREGOING mailed the same day to: Don P. Williams Law Office of Don P. Williams P.O. Box 5308 Goodyear, AZ 85338 Attorney for defendants Motlagh and Integrity /s/Amberlyn S. Murray
1859854.1/20474.039

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