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

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile (602) 262-5747 Telephone (602) 262-5311 Peter Baird (State Bar No. 001978) [email protected] Richard A. Halloran (State Bar No. 013858) [email protected] Cory A. Talbot (State Bar No. 020702) [email protected] Attorneys for Brown & Bain, P.A.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

9 Brown & Bain, P.A., an Arizona professional association, 10 Plaintiff/Counterdefendant, 11 vs. 12 John M. O'Quinn, an individual; John M. 13 O'Quinn & Associates, L.L.P., a Texas limited liability partnership; John M. 14 O'Quinn, P.C., a Texas professional corporation; John M. O'Quinn Law 15 Firm, PLLC, a Texas limited liability company; O'Quinn, Kerensky & 16 McAninch; and Jane Doe O'Quinn, 17 18 19 Defendants/Counterclaimants.

No. CIV 03-0923-PHX-ROS APPLICATION FOR ATTORNEYS' FEES RE: DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO PRODUCE DOCUMENTS AND MEMORANDUM OF POINTS AND AUTHORITIES

On June 6, 2005, the Court heard oral argument on Defendants' Motion to Compel

20 Plaintiff to Produce Documents and Memorandum of Points and Authorities. The Court 21 denied Defendants' Motion and granted Plaintiff/Counterdefendant Brown & Bain's 22 request for attorneys' fees incurred in addressing Defendants' Motion. The Court 23 ordered that Brown & Bain file this Application as to the amount only of the attorneys' 24 fees requested. Attached as Exhibit A is a copy of the Court's Order dated June 6, 2005. 25 Brown & Bain requests that the Court award attorneys' fees, including expenses

1 26 for computerized legal research, in the amount of $9,500. Although substantially more

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1 Expenses for 28 Custom Estatescomputerized legal research are recoverable as attorneys' fees. Ahwatukee Mgmt. Ass'n v. Bach, 193 Ariz. 401, 973 P.2d 106 (1999).

Case 2:03-cv-00923-ROS

Document 116

Filed 08/22/2005

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fees could have been sought, we have written off and not billed and not claimed over $15,000 in additional fees actually incurred during the relevant time. This Application is supported by the Declaration of Peter D. Baird, attached as Exhibit B, and Lewis and Roca's task-based, itemized statement of fees and expenses, attached as Exhibit C. DATED: August 22, 2005. LEWIS AND ROCA LLP

s/ Peter D. Baird Peter D. Baird Richard A. Halloran Cory A. Talbot Attorneys for Plaintiff Brown & Bain, P.A.

CERTIFICATE OF SERVICE I hereby certify that on August 22, 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: Leo R. Beus [email protected] Richard H. Herold, Jr. Linnette R. Flanigan 4800 North Scottsdale Road, Suite 6000 Scottsdale, AZ 85251 Attorneys for Defendants/Counterclaimants

s/ Patricia A. Daigle

Case 2:03-cv-00923-ROS

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