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

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Solinvest Group, Ltd, 4 g No. CIV-02-2641-PHX-ROS
l0 Plaintiff; ) ORDER
ll vs. i
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r 13 gephnology Systems International, Inc., et
14 Defendants. i
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17 The Court entered default judgment against Defendant Technology Systems
18 International, Inc. ("TSI") in May 2003. The other Defendants were dismissed in October
19 2003. Pending before the Court is Plaintiff Solinvest Group Ltd.’s Motion for the Award of
20 Attorneys Fees and Costs, filed on January 12, 2005. The Motion is denied.
21 Under Rule 54(d)(2)(B) of the Federal Rules of Civil Procedure, a. motion for
22 attomeys‘ fees must be served and filed no later than fourteen days after entry of judgment,
23 unless otherwise provided by statute or court order. In its Order entering default judgment
24 against TSI, the Court extended the deadline for Solinvest to file a motion for attorneys' fees
25 to thirty calendar days after final judgment or resolution of all claims in this action. [Doc.
#12.]
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27 All claims in this action were resolved on October 6, 2003, when the remaining
28 Defendants were dismissed. [Doc. #29.] The Clerk ofthe Court did not enter final judgment.
Case 2:02-cv—O2641-ROS Document 62 Filed O9/O9/2005 Page 1 of 2

1 However, under Rule 58(b)(2)(B), final judgment is deemed entered 150 days after the order
2 of dismissal. Solinvest therefore had 180 days from October 6, 2003 to move for attorneys'
3 fees. Its Motion, filed in January 2005, is untimely. §e_e_ Kona Enters., lnc. v. Estate of
4 p, 229 F.3d 877, 889-90 (9th Cir. 2000) (holding that prevailing defendants failure to
5 request fees within fourteen days after entry of judgment dismissing particular plaintiff
6 forfeits any right to recover fees from that plaintiff`).
7 Solinvest has attempted to recover fees for both work done in this action and in
8 proceedings in Bankruptcy Court. The Court expresses no opinion on whether Solinvest may
9 move for attorneys' fees in the Bankruptcy Court.
10 Accordingly,
ll IT IS ORDERED that Plaintiff Solinvest Group, Ltd.'s Motion for the Award of
l 12 Attorneys Fees and Costs [Doc. #45] and Supplemental Motion for Attorneys' Fees and
13 Costs [Doc. #59] are DENIED.
14 IT IS FURTHER ORDERED that Defendant TSI’s Motion to Strike [Doc. #51] is
A 15 DENIED AS MOOT.
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17 DATED ¥{[ S .
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21 United tes District Judge
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Case 2:O2—cv—O2641-ROS Document 62 Filed O9/O9/2005 Page 2 of 2

Case 2:02-cv-02641-ROS

Document 62

Filed 09/09/2005

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Case 2:02-cv-02641-ROS

Document 62

Filed 09/09/2005

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