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

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Laura Zeman (#014713) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

KENT DYER and SUSAN DYER, husband and wife, Plaintiffs, vs. JASON NAPIER and DANIELLE NAPIER, husband and wife; NAPIER SCULPTURE GALLERY, INC., a Washington corporation, Defendants.

No. CV04-0408 PHX SMM NAPIERS' MOTION FOR ATTORNEYS' FEES

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Snell & Wilmer L.L.P.

In accordance with Rule 54(d)(2) of the Federal Rules of Civil Procedure and Local Rule LRCiv 54.2 of the Rules of Practice of the United States District Court for the District of Arizona, Defendants, Jason Napier, Danielle Napier, and Napier Sculpture Gallery, Inc. move the Court pursuant to 17 U.S.C. §505 for an award of the reasonable attorneys' fees that Napiers incurred in this action defending against the copyright infringement claims of Plaintiffs Kent Dyer and Susan Dyer. Procedurally, this motion falls under Local Rule LRCiv 54.2 because the Court's final judgment, entered on September 25, 2006, did not determine the propriety or amount of attorneys' fees in this case. In accordance with the Local Rule, this motion seeks an order concerning Napiers entitlement to an award of attorneys' fees. Section 505 of the copyright statute provides that a court "in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof" and that the court "may also award a
1899573

Case 2:04-cv-00408-SMM

1Document- 88

Filed 10/10/2006

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

reasonable attorney's fee to the prevailing party." 17 U.S.C. § 505. Napiers intend to submit a memorandum and supporting documentation within the time frame contemplated under LRCiv 54.2(b)(2). A fair estimate of the amount of attorneys' fees requested is between $100,000 and $115,000. This amount is for attorneys' fees incurred by Napiers in defending against Kent and Susan Dyer's infringement claims since commencement of this lawsuit in the District of Arizona through September 25, 2006 when Kent and Susan Dyer's claims were dismissed. DATED this 10th day of October, 2006. SNELL & WILMER L.L.P.

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Snell & Wilmer L.L.P.

By /s Laura J. Zeman Laura J. Zeman One Arizona Center 400 East Van Buren Street Phoenix, Arizona 85004-2202 Attorneys for Defendants

CERTIFICATE OF SERVICE 19 20 21 22 23 24 25 26 27 28
1899573

I hereby certify that on October 10, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Christopher D. Lonn, Esq. [email protected] Michelle Justine Perkins [email protected] s/Laura Zeman _

Case 2:04-cv-00408-SMM

Document 88- 2 -Filed 10/10/2006

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