Free Order of 9th Circuit - District Court of Arizona - Arizona

APR 15 2008
p UNITED STATES COURT OF APPEALS MOLLY C- DWYER CLERK
I us. mum OF APPEALS
FOR THE NINTH CIRCUIT
JOHN KILLINGSWORTH, No. 05-17135
a married man, No. 06-15432
Plaintiff- Appellant, D.C. N0. CV-03-01950-NVW
_ . __ District of.Arizo11a, . .. _...-___-.____._.
v. Phoenix
STATE FARM MUTUAL
AUTOMOBILE INSURANCE ORDER
COMPANY, a foreign corporation;
DAVE GONZALEZ, husband;
JANE DOE GONZALEZ, wife;
JOHN DOES, 1-15, individuals,
partnerships, or corporations, -
Defendants — Appellees.
Before: HUG, W. FLETCHER, and CLIFTON, Circuit Judges.
Appellees—Defendants’ Application for Attorneys’ Fees, filed December 12, _
l I 2007, is GRANTED in part.---Arizona law appears -to-authioriae an avvardnof fees for I I n _ I T an
preparation and defense ofa fee award. See Gametech Intern., Inc. v. Trend
Gaming Systems, 380 F. Supp. 2d 1084, 1101-1103 (D. Ariz. 2005). As for the I
request for fees for work done on contract-related issues, Appellees have failed to
provide any allocation of time or effort devoted to those issues other than a general
I estimate that 20 per cent of the total should be assigned to those issues. The
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district court noted the burden imposed on the court because of the failure to
allocate fees and attomey time more precisely. Nonetheless, no more precise
allocation was provided to this court for subsequent activity. Appellees failed to
comply with Circuit Rule 39-1.6, and thus, under the circumstances, this court `
declines to exercise discretion to award fees based upon the estimate.
It is ORQERED that the_amount of$l6,32'l.Q(l awardeclpfor attorneys’ up I D I I
fees in favor of Appellees-Defendants State Farm Mutual Automobile Insurance
Company and Dave Gonzales, and against Appellant-Plaintiff John Killingsworth.
`
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