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

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FENNEMORE CRAIG, P.C. Jordan Green (No. 001860) Lawrence Palles (No. 020263) 3003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Telephone: (602) 916-5000 Email: [email protected] Attorneys for Defendants Avnet, Inc., Vallee, and Maag UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DAN COOGAN,

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No. CV2004-0621 PHX SRB Plaintiff, v. DEFENDANTS MAAG AND VALLEE' MOTION FOR S ATTORNEYS'FEES AND NONTAXABLE COSTS

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AVNET, INC., et al.,
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Defendants.
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F ENNEMORE C RAIG
PROFESSIONAL CORPORATION P HOENIX

Defendants Maag and Vallee move, pursuant to Fed. R. Civ. P. 54 and Local Rule 54.2(b)(1), for an award of their reasonable attorneys' fees and non-taxable costs under 17 U.S.C. § 505 and A.R.S. § 12-341.01.1 On July 21, 2006, the Court granted Maag and Vallee' Motions for Directed s Verdict on Plaintiffs' copyright and breach of contract claims. See July 21, 2006 Civil Trial Minutes, Day Four. As the prevailing parties at trial, Maag and Vallee are entitled to their attorneys' fees and costs incurred in achieving this result, at the Court' discretion. 2 s See 17 U.S.C. § 505 and A.R.S. § 12-341.01. There is a presumption in favor of an award Defendants also seek an award of attorneys' fees and costs from Plaintiff' counsel, s Jordan Meschkow, pursuant to 28 U.S.C. § 1927. See Defendants' concurrently filed Notice of Intent to Seek Fees Pursuant to 28 U.S.C. § 1927.
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Avnet paid Maag and Vallee' legal fees and expenses. s

1826940.1/12444.027

Case 2:04-cv-00621-SRB

Document 287

Filed 09/06/2006

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of fees and costs to the prevailing party. See Woodhaven Homes & Realty, Inc. v. Hotz, 396 F.3d 822, 824 (7th Cir. 2005) (prevailing defendants in copyright cases are presumptively entitled to recover attorneys' fees); Assessment Technologies of WI, LLC v. Wiredata, Inc., 361 F.3d 434, 436-37 (7th Cir. 2004) (same); Grand Real Estate, Inc. v. Sirignano, 139 Ariz. 8, 13-14, 676 P.2d 642, 647-48 (App. 1983) (presumption in favor of award to the prevailing party in a matter arising out of a contract). Pursuant to Local Rule 54.2(b)(2), Defendants will separately file their Memorandum in Support of this Motion, with all supporting documentation and a Proposed Form of Judgment, within sixty (60) days of the entry of Judgment. At this time, Defendants fairly estimate that they will seek to recover approximately $388,603.27 in attorneys' fees and $30,129.90 in non-taxable costs.3 Respectfully submitted this 6th day of September, 2006. FENNEMORE CRAIG, P.C.

By s/Jordan Green Jordan Green Lawrence Palles Attorneys for Defendants Avnet, Inc., Roy Vallee, and Allen Maag

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F ENNEMORE C RAIG
PROFESSIONAL CORPORATION P HOENIX

Defendants do not intend to seek recovery of expert witness fees paid to two experts who did not testify at trial and do not believe such fees are recoverable. However, Defendants anticipate that Plaintiff may seek to recover expert fees for several experts who did not testify at trial, and for Mr. Weisgrau. Although Mr. Weisgrau did testify, the Court rejected his opinions in their entirety. Further, the Court precluded Mr. Weisgrau from offering testimony regarding opinions that had not been timely disclosed. If Plaintiff seeks recovery of these fees, and the Court finds that they are recoverable, Defendants request recovery of their expert fees.
1826940.1/12444.027

Case 2:04-cv-00621-SRB

Document 287- 2 - Filed 09/06/2006

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CERTIFICATE OF SERVICE I hereby certify that on September 6, 2006, I electronically transmitted the attached document to the Clerk' Office using the CM/ECF System for filing and s transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jordan Meschkow, Esq. Meschkow & Gresham, P.L.C. 5727 North Seventh Street Suite 409 Phoenix, Arizona 85014-5818 Nancy Giles, Esq. Giles Legal PLC 733 W. Willetta Street Phoenix, Arizona 85007

s/Jordan Green
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F ENNEMORE C RAIG
PROFESSIONAL CORPORATION P HOENIX

1826940.1/12444.027

Case 2:04-cv-00621-SRB

Document 287- 3 - Filed 09/06/2006

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