Free Motion to Amend/Correct - District Court of Arizona - Arizona

1 Jay A. Zweig (011153) Mark A. Fuller (012149) 2 Melissa R. Berren (020993) GALLAGHER & KENNEDY, P.A. 2575 E. Camelback Road, Suite 1100 3 Phoenix, Arizona 85016-9225 4 (602) 530-8407 Attorneys for Defendants 5 6 7 8
! " # $ % &' ) * # &" # # #

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Matthew Shaffer, Plaintiff, vs. No. CIV-03-2344-PHX-FJM DEFENDANTS' MOTION TO ALTER OR AMEND THE JUDGMENT

9 10 11

(% #

State of Arizona Citizens Clean Election 12 Commission; Colleen Connor and Chad Jacobs, 13 Defendants. 14 15 The Court held, and instructed the jury, that although there were five separate

16 verdict forms in this case (one for each claim), "[t]he plaintiff would simply get the 17 highest amount in any single verdict form," thereby "avoid[ing] the prospect of double, 18 triple, quadruple, quintuple recovery." Trial Transcript 1297. The jury later filled in the 19 figure $1.1 million on two of the claims ­ meaning that this figure should have been 20 filled in just once on the Judgment. The Clerk, however, mistakenly included this figure 21 twice. This clerical mistake must be corrected. Accordingly, under Fed. R. Civ. P. 60, 22
Case 2:03-cv-02344-FJM Document 143 Filed 10/20/2005 Page 1 of 2

1 defendants request that the Court alter or amend the Judgment to reflect a single award of
1 2 $1.1 million.

3 4 5 6 7 8

RESPECTFULLY SUBMITTED this 20th day of October, 2005. GALLAGHER & KENNEDY, P.A. By: s/Jay A. Zweig______________ Jay A. Zweig Mark A. Fuller Melissa R. Berren 2575 E. Camelback Road, Suite 1100 Phoenix, Arizona 85016-9225 Attorneys for Defendants

COPY of the foregoing electronically 10 transmitted via the U.S. District Court Electronic Case Filing system and 11 COPY hand-delivered this 20th day of October, 2005 to: 12 Richard J. Harris, Esq. 13 Richard J. Harris Law Offices, P.C. 4445 E. Holmes Avenue, Suite 106 14 Mesa, Arizona 85206-3398 Co-Counsel for Plaintiff 15 David C. Larkin, Esq. 16 David C. Larkin, P.C. 4645 S. Lakeshore Drive, Suite 6 17 Tempe, Arizona 85282-3747 Co-Counsel for Plaintiff 18 s/Dawn Sylvester 568-0140/1306111 19 20 By filing this motion, defendants do not suggest that they believe a $1.1 million verdict can stand in this case. That issue, however, is addressed in a separate motion. The 21 purpose of this motion is simply to address a clerical error in the current Judgment. 22
Case 2:03-cv-02344-FJM Document 143 1 Filed 10/20/2005 Page 2 of 2
1

9