Free Response to Order to Show Cause - District Court of Arizona - Arizona

1 RYLEY CARLOCK & APPLEWHITE One North Central Avenue, Suite 1200 2 Phoenix, Arizona 85004-4417 Telephone: 602/258-7701 3 Telecopier: 602/257-9582 4 Charles L. Chester ­ 002571 Matthew T. Clarke ­ 018281 5 Kelly K. Johnson - 022793 Attorneys for Defendants 6 7 8 9 10 11 12 13 14 15 16 17 18 Gonzales, (collectively referred to as "Defendants") by and through undersigned vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and DAVE GONZALES, Defendants. Defendants, State Farm Mutual Automobile Insurance Company and Dave JOHN KILLINGSWORTH, a married man, Plaintiff, RESPONSE TO ORDER TO SHOW CAUSE No. CIV-03-1950-PHX-NVW UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

19 counsel, hereby submits its Response to the Court's Order to Show Cause dated March 20 18, 2008. 21 Defendants respectfully request that this Court not discharge the balance of the 22 Western Surety bond as The United States Court of Appeals for the Ninth Circuit 23 24 ("Ninth Circuit") has not yet ruled on Defendant's Motion for Attorneys' Fees. 25 26 27 28 ($62,729.10), made payable to State Farm Mutual Automobile Insurance Company, in
961491.1 4/8/08

On or about February 19, 2008, Western Surety Company remitted a check in the amount of Sixty-Two Thousand Seven Hundred Twenty-Nine Dollars and 10/100

Case 2:03-cv-01950-NVW

Document 319

Filed 04/09/2008

Page 1 of 3

1

partial satisfaction of bond #70062878.

The Sixty-Two Thousand Seven Hundred

2 Twenty-Nine Dollars and 10/100 ($62,729.10) satisfied only the attorneys' fees 3 awarded to Defendants in the District Court action. 4 5 6 7 until further direction. Concurrent with the partial release of the bond, Defendants filed a Motion for By this Court's Order dated

December 19, 2007, Western Surety Company is retaining the remaining $6,270.90

8 Costs and a separate Motion for Attorneys' Fees with the Ninth Circuit. On January 2, 9 10 11 Costs and Defendant's Motion for Attorneys' Fees would be addressed by separate
1 12 Order. On February 22, 2008, the Ninth Circuit issued an Order awarding Defendants

2008, the Ninth Circuit issued an Order advising the parties that Defendant's Motion for

13 $387.20 in costs.2 Plaintiff, John Killingsworth, paid the costs directly to Defendants 14 15 16 As of the filing of this Response, the Ninth Circuit has not yet ruled on 17 Defendants Motion for Attorneys' Fees. Therefore, Defendants respectfully request this 18 Court not discharge the balance of the Western Surety bond until the final pending 19 20 21 22 23 24 25 26 27 28
1 2

instead of having the costs distributed from the remaining bond.

Motion for Attorneys' Fees before the Ninth Circuit is ruled upon.
RESPECTFULLY SUBMITTED this 9th day of April, 2008.

RYLEY CARLOCK & APPLEWHITE By /s/ Kelly K. Johnson Charles L. Chester Matthew T. Clarke Kelly K. Johnson One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Attorneys for Defendants

Order attached hereto as Exhibit "A." Order awarding costs attached hereto as Exhibit "B."
Document 319

Case 2:03-cv-01950-NVW

-2-

Filed 04/09/2008

Page 2 of 3

CERTIFICATE OF SERVICE

1 2 RESPONSE TO ORDER TO SHOW CAUSE to the Clerk's Office using the CM/ECF 3 registrants: 4 5
System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF John Gabroy & Garry Bryant Attorneys for Plaintiffs I hereby certify that on April 9, 2008, I electronically transmitted the attached

6 And a courtesy copy via hand-delivery to: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-01950-NVW Document 319
By /s/ Callie Dahlgren __ The Honorable Neil V. Wake U.S. District Court, Phoenix Division 401 West Washington Street, SPC 52 Phoenix, Arizona 85003

-3-

Filed 04/09/2008

Page 3 of 3