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


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Date: April 14, 2008
File Format: PDF
State: Arizona
Category: District Court of Arizona
Author: unknown
Word Count: 840 Words, 5,265 Characters
Page Size: 612 x 790 pts
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https://www.findforms.com/pdf_files/azd/23666/362.pdf

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1 Paul M. Levine, Esq. (#007202)
McCARTHY Q HOLTHUS 0 LEVINE
2 3636 North Central Avenue
Suite 1050
3 Phoenix, Arizona 85012
(602) 230-8726
4 plevine@mccarthy-holthus.com
5
Maria Salapska (#019585)
6 LAW OFFICE OF MARIA SALAPSKA, PLLC
3001 E. Camelback Rd. Suite 120
7 Phoenix, Arizona 85016
(480} 626-5597
8 msc: apslca@salapskalaw.c0m f
9 Attorneys for P1aintiff/Counterdefendant
Marlyn Nutraceuticals, Inc. and Third Party Defendant Craig Knobloch
10
11 UNITED STATES DISTRICT COURT
12 DISTRICT OF ARIZONA
13 MARLYN NUTRACEUTICALS, mc., No- CIV 02-1876 PHX—HRH
14 an Arizona corporation,
Plaintiff,
15
vs.
16
WILLIAM WONG and JANE DOE WONG,
17 husband and aura; PATRICK BUEHL and MOTION EOR,AWARD OF
JANE Dos BUEHL, husband and wife; ATTORNEYS FEES AND
18 wonto Nurnrrron, mc., an Arizona RELATED NON·TAXART-E
corporation; ABC Corporations I-X; XYZ EXPENSES AGAINST WONG
19 Pannanabrpa 1-x, and Jonrv DOES 1-x and DEEENDANTS
JANE DOES I-X, husbands and wives,
20 respectively,
21 Defendants.
22
23 WORLD NUTRITION, INC., an Arizona
corporation,
24 Third Party Plaintiff/Counterclaimantl
25 Defendant, ·
26 vs.
27 MARLYN NUTRACEUTICALS, INC., an
Arizona corporation; and CRAIG
28 1 Case 2:02—cv—01876-HRH Document 362 Filed O4/14/2008 Page 1 of 4 O

1
2 Counterdefendant/Plaintiff/Third
3 Paity Defendant
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5
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7 Plaintiff Marlyn Nutraceuticals, Inc. ("Marlyn"), by and through its
8 counsel undersigned, pursuant to Local Rule 54.2, Rules of Practice of the United States
lg District Court for the District of Arizona, and Rule 54, Federal Rules of Civil Procedure,
H moves for an award of its attorneys’ fees and related non-taxable expenses against
12 Defendants William Wong and Michelle Wong (the "Wong Defendants").
13 On April 2, 2008, the Court entered a final judgment against the Wong
1; Defendants. Previously on November 14, 2006, this Court entered an Order that Marlyn
16 was entitled to an award of its attorneys’ fees pursuant to the Lanham Act, 15 U.S.C. §
17 l1l7(a).l The Court found that this was an "exceptional case" and that Marlyn was
18 entitled to an award of its attorneys’ fees on its Lanham Act claim.
gg From the inception of this case through March 27, 2008, Marlyn has
21 incurred and paid or agreed to pay $285,816.61 in attorneys’ fees. Those fees were paid
22 to McCarthy Holthus Levine and Perkins Coie. In addition, Marlyn has paid or agreed to
23 pay $11,172.67 in non-taxable expenses and costsz.
3; As the Court is aware, there were numerous claims filed against not only
26 the Wong Defendants, but also Defendants World Nutrition, Inc. and Patrick Buehl. It is
27 I Docket N0. 282.
28 2 These are expenses g included with Marlyn ’s Bill of Costs.
Case 2:02-cv-01876-HRH Document ae? Filed O4/14/2008 Page 2 of 4

1 virtually impossible to identify with specificity the exact dollar amount of attorneys’ fees
2 in prosecuting the cases against the various Defendants. However, the vast majority of
3
the attorneys’ fees were incurred in preparing for, arguing and presenting Marlyn’s
4
5 Lanham Act claim, which was filed against the Wong Defendants and World Nutrition,
6 Inc. For purposes of this Motion, Marlyn requests that it be awarded 15% of its
7 attorneys’ fees in this case.
8
Pursuant to Local Rule 54.2(b), a Memorandum of Points and Authorities
9
10 in support of Mar1yn’s Motion for Award of Attorneys’ Fees will be filed on or before
ll June 2, 2008.
12 For the foregoing reasons, Marlyn requests that it be awarded its attorneys’
13
fees and non-taxable expenses in the sum of $44,548.39 against the Wong Defendants.
14
15 RESPECTFULLY SUBMITTED this 14th day of April, 2008.
16 McCARTHY El HOLTHUS [1 LEVINE
17
18 /s/ Paul M. Levine
Paul M. Levine
19 3636 N. Central Ave., Suite 1050
Phoenix, Arizona 85012
20 Attorneys for P1aintiff7Counterdefendant
and Third Party Defendant Craig
Knobloch
21
22
23
24
25 1 hereby certify that on April 14, 2008,
26 1 electronically transmitted the attached
Document to the Cler1<’s Office using the
27 CM/ECF System for filingjand transmittal
Of a Notice of Electronic iling to the following
28 CM/ECF registrants:
Case 2:02-cv-01876-HRH Document 362 Filed O4/14/2008 Page 3 of 4

1 Maria Salapska, Esq. I
Law Office of Maria Salapska, PLLC -
2 3001 E. CAMELBACK RD., SUITE 120
3 Phoenix, Arizona 85016 -
4 Stephen D. Hoffman, Esq. _ `
Lewis Brisbois Bisgaard & Smith LLP
5 2929 N. Central Ave., Suite 1700 ·
Phoenix, Arizona 85012
6 Attorneys for Defendants, Counter-
Claimant and Third Party Plaintiff
7
8 1%: Bcéyle, Esq. n
Jones, kelton & Hochuli
‘ 9 2901 N. Central, Suite 800
Phoenix, Arizona 85012 .
10 Attorney for Defendant Patrick Buehl
11
12
/s/ Linda S. Ream
13
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25 1
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