Free Memorandum - District Court of Arizona - Arizona

David B. Goldstein, SBN 003410
I John Lohr, Jr. SBN 019876
HYMSON, GOLDSTEIN & PANTLLIAT, P.C.
2 14646 N. Kierland Boulevard, Suite 255
Scottsdale, Arizona 85254
3 Telephone: 480-991-9077
4 Attorneys for Plaintiff/Counterdefendant
5
6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
8 TASER INTERNATIONAL, INC., an No. CV00-0945 PHX ROS
9 Arizona corporation,
Plaintiff! Counterdefendant,
10 Morton TO ALTER on AMEND
vs. JUDGMENT AND REQUEST FOR
ll ATTORNEYS’ FEES
GERTRUDE HENNIGAN, as
12 Administratrix ofthe Estate of Thomas
Hennigan,
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14 Defendant/Counterclaimant.
15 Plaintiff Taser International, Inc. ("Taser"), by its undersigned attorneys:
16 (a) Moves pursuant to Rule 59(e), Federal Rules of Civil Procedure, to alter or
17 amend the Judgment entered by the Court on September 28, 2006 on the ground that it
18 should reflect materials not available to the Court at the time of trial and which could not
19 have been presented to the Court at that time, namely an unaccepted Offer of Judgment
20 made by Taser on December 27, 2004 in the amount of $100,00000, and;
21 (b) Requests an award of attorneys’ fees in accordance with the procedure
22 established by Rule 54.2 of the Local Rules of Practice of the United States District Court
23 for the District of Arizona and as authorized by A.R.S. § 12-341.01. At the present time,
24 Taser estimates the amount of fees for which it seeks an award is $155,809.50 That
25 amount represents attorneys’ fees incurred after December 27, 2004, when the Offer of
26 Judgment was made.
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a5§@”2:OO-cv-00945-ROS Document 188 Filed 10/10/2006 Page 1 013

1 A Memorandum of Points and Authorities in support of Taser’s Motion to Alter or
2 Amend the Judgment is being tiled and served contemporaneously with the tiling and
3 service of this Motion. A Memorandum of Points and Authorities in Support of the
4 Motion for an Award of Attorneys’ Fees will be tiled sixty days after entry of the
5 Judgment in this action in accordance with Rule 54.2(b)(l) of the Local Rules of Practice
6 of the United States District Court for the District of Arizona, or at such other time
7 ordered by the Court if the Court grants the Motion to Alter or Amend the Judgment.
8 Taser respectfully requests that the Court provide the parties with some indication
9 of its view on the Motion to Alter or Amend the Judgment so that Taser will incur the
10 fees and expenses of preparing the Memorandum in Support of the Motion for Attomeys’
ll Fees only if necessary to do so.
12 RESPECTFULLY SUBMITTED this y of October, 2006.
13 EYMSON, GOLDSTEIN & PANTILIAT, P.C.
14 • A
15 £3$ 14646 N. Kierland Boulevard, Suite 255
16 Scottsdale, Arizona 85254
17 Attorneys for Plaintiff/Counterdefendant
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?¤°é@‘2:00-ov-00945-ROS Document 188 Filed 10/10/2006 Page 2 of 3

I CERTIFICATE OF FILING
2 I hereby certify that on October 10, 2006, I electronically transmitted the attached
document to the Clerk’s office via the CM/ECF filing system for filing and transmittal of
3 a Notice of Electronic Filing to the following CM/ECF registrants:
4 Leslie Trager
5 c/0 ROSEMARY J.SHoc1 SHOCKMAN LAW OFFICE, P.C.
6 8170 North 86'th Place, #102
Scottsdale, AZ 85258
7 Attorneys for Defendant/Counterclaimants
8 Rosemary I. Shockman
SHOCKMAN LAW OFFICE, P.C.
9 8170 North 86th Place, #102
Scottsdale, AZ 85258
10 Attomeys for Defendant/Counterclaimants
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/s/ Amy L. Selak
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Case 2:00-cv-00945-ROS

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