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

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LAW OFFICES One South Church Avenue, Suite 1500 Tucson, Arizona 85701-1630 (520) 882-1200

Tibor Nagy, Jr. (#007465) [email protected] Erica Rocush (#021297) [email protected] SNELL & WILMER L.L.P. One South Church Avenue Suite 1500 Tucson, AZ 85701-1630 Telephone: (520) 882-1200 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff and, KELLEY J. MILES, Plaintiff-Intervenor, v. THE BOEING COMPANY, a Delaware corporation, and BOEING AEROSPACE OPERATIONS, INC., a Delaware corporation, Defendants.

No. CV'03 1210 PHX PGR STIPULATION AND JOINT MOTION RE DEFENDANTS' MOTION FOR ATTORNEYS' FEES

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Pursuant to their Motion for Award of Attorneys' Fees filed in this matter on October 12, 2005 ("Attorneys' Fees Motion"), Defendants are seeking their reasonable attorneys' fees and non-taxable costs against both Plaintiff EEOC, an agency of the United States, and Plaintiff-Intervenor Kelly Miles, an individual. However, according to Rule 54.2(b), Rules of Practice of the United States District Court for the District of Arizona ("Local Rule"), there are two distinct deadlines for filing a memorandum of points and authorities in support of a party's motion for attorneys' fees depending on the

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LAW OFFICES One South Church Avenue, Suite 1500 Tucson, Arizona 85701-1630 (520) 882-1200

status of the party against whom the motion is made. Where the party is the United States,1 the supporting memorandum deadline appears to be 30 days from the entry of judgment (See Local Rule 54.2(b), which incorporates the "time limits set forth in 28 U.S.C. §2412(d)(1)(B)). However, in the case of other parties, such as Plaintiff Kelley Miles, that deadline is 60 days from the entry of judgment (See Local Rule 54.2(b)(2)). In light of these differing deadlines, and in order to avoid unnecessary repetition and waste of judicial and party resources, the parties have agreed, and therefore jointly move, that the time for Defendants to file their Memorandum of Points and Authorities in Support of Defendants' Motion for Award of Attorneys' Fees ("Memorandum") supporting their request for fees and non-taxable costs against both Plaintiff and PlaintiffIntervenor, shall be 60 days from the date of entry of judgment in this matter. Furthermore, because Plaintiffs each have already filed Responses to Defendants' Motion for Fees, and to allow both Plaintiff and Plaintiff-Intervenor a full opportunity to respond to Defendants' Memorandum as well as avoid unnecessary motion practice, the parties stipulate and jointly move that (1) Plaintiff and Plaintiff-Intervenor may file complete Responses to Defendants' Memorandum, and (2) Defendants may file one consolidated Reply to both of those new Responses and the Responses previously filed by Plaintiff and Plaintiff-Intervenor on October 31, 2005 (the "Original Responses"). Therefore, in accordance with the foregoing, the parties, by and through undersigned counsel, hereby stipulate and jointly move that the Court order the following: 1. Defendants shall have until December 5, 2005 to file their Memorandum in

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support of their request for attorneys' fees against both Plaintiff and Plaintiff-Intervenor; 2. Plaintiff and Plaintiff-Intervenor may file complete Responses to

Defendants' Memorandum (hereinafter "Supplemental Responses") within 15 days of the For purposes of this Stipulation, the parties assume that an agency of the United States, such as the EEOC, is intended to be included in the Local Rules' definition of "United States."
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date of service of the Memorandum, in accordance with Local Rule 54.2(b)(3); 3. Defendants may file a consolidated Reply to both the Original Responses

and any Supplemental Responses that may be filed, within 10 days of service of the Supplemental Responses, in accordance with Local Rule 54.2(b)(3). This request is not intended for any improper purpose or delay. This Stipulation and Proposed Order in no way alter Defendants' obligations to comply with the mandates of Local Rule 54.2(b)(1) and Rule 54(d)(2)(B), Fed.R.Civ.P., regarding the required contents of Defendants' motion for attorneys' fees and the fourteen-day requirement of those rules regarding the motion itself (as opposed to the memorandum in support of the motion). DATED this 3rd day of November, 2005. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SNELL & WILMER L.L.P.

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s/ Katherine J. Kruse Katherine J. Kruse Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, AZ 85012-2504 Attorneys for Plaintiff EEOC

By

s/ Tibor Nagy, Jr. Tibor Nagy, Jr. Erica Rocush Suite 1500 Tucson, AZ 85701-1630 Attorneys for Defendants

VAN O'STEEN AND PARTNERS

s/ Richard Green Richard L. Green 3605 North Seventh Avenue Phoenix, AZ 85013 Attorneys for Plaintiff-Intervenor Miles

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Certificate of Service I hereby certify that on November 3, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mary Jo O'Neill C. Emanuel Smith Katherine J. Kruse Equal Employment Opportunity Commission 3300 North Central Avenue, Suite 690 Phoenix, AZ 85012-2504 Attorneys for Plaintiff EEOC Richard L. Green Paul D. Friedman Van O'Steen and Partners 3605 North Seventh Avenue Phoenix, AZ 85013 Attorneys for Plaintiff-Intervenor Miles

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s/Tibor Nagy, Jr.

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