Free Order - District Court of Arizona - Arizona


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Date: April 2, 2008
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State: Arizona
Category: District Court of Arizona
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MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

MARLYN NUTRACEUTICALS, INC. THE HONORABLE H. RUSSEL HOLLAND Deputy Clerk ----PROCEEDINGS: ORDER FROM CHAMBERS

v. WILLIAM WONG, et al. CASE NO. 2:02-cv-1876-HRH

Official Recorder -----

The court has completed its preliminary review of third-party plaintiff World Nutrition's motion for attorney fees against

third-party defendant Craig Knobloch.

(Docket No. 340.)

The court is

uncertain as to how to interpret the attorney bills for work attributed to Knobloch. World Nutrition asserted claims against both Marlyn Nutraceuticals and Knobloch. It is unclear to the court how counsel for World has

eliminated from his statements for services rendered (see Docket No. 356) those charges attributable to the counterclaim against Marlyn Nutraceuticals from the third-party claims against Knobloch. In this

regard, many of the entries in the statements provided to the court named both parties or identified no party, and are worded in such a fashion as to potentially apply to both Marlyn Nutraceuticals and Knobloch or to the entire case. Further in this regard, it is not

clear to the court whether the fees or time attributed to particular undertakings reflect the total, original entry of fees or time for the

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particular undertaking, or whether some adjustment has been carried out for purposes of reducing fees or time for individual entries to reflect in some fashion the amount of work attributable to only Knobloch. On or before April 10, 2008, counsel for World Nutrition will please provide the court with a more detailed affidavit, explaining how the particular fee amounts or time were derived so as to be limited to Knobloch only where those entries do not plainly so characterize the undertaking.

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