Free Reply - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs.

THE CAVANAGH LAW FIRM
A Professional Association 1850 NORTH CENTRAL AVENUE SUITE 2400 PHOENIX, ARIZONA 85004-4527 (602) 322-4000

Kerry M. Griggs, SBN 016519 [email protected] Patrick G. Rowe, SBN 018591 [email protected] Attorneys for Defendant Fleetwood Motor Homes of California, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA LANE SENNETT, Plaintiff, NO. CV04 0161 PHX ROS DEFENDANT FLEETWOOD'S REPLY TO PLAINTIFF'S OBJECTION TO FLEETWOOD'S BILL OF COSTS

FLEETWOOD MOTOR HOMES OF CALIFORNIA, INC., and WORKHORSE CUSTOM CHASSIS, Defendants. Plaintiff is mistaken when she objects to Fleetwood's Bill of Costs as being untimely. Local Rule of Civil Procedure 54.1(a) "Procedure for Filing Bill of Costs" states: "A party entitled to costs shall, within ten (10) days after the entry of final judgment . . . file with the Clerk of Court and serve upon all parties, a bill of costs. . . ." Federal Rule of Civil Procedure 6(a) "Computation [of time]" says "When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and the legal holidays shall be excluded in the computation." Fleetwood filed its Bill of Costs on June 15, 2006. This was nine (9) business days after the Court signed the Order on June 2, 2006, granting Fleetwood's Motion for Summary Judgment and eight (8) business days after the Clerk

Case 2:04-cv-00161-ROS :1255156-1

Document 183

Filed 07/07/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9
1850 NORTH CENTRAL AVENUE, SUITE 2400 PHOENIX, ARIZONA 85004-4527 (602) 322-4000

entered the Order on June 5, 2006. Therefore, Fleetwood filed its Bill of Costs at least one, if not two days, before the deadline. The 10th day for the filing would have been either June 16, 2006 (based on the date the Court signed the Order) or June 19, 2006 (based on the date the Clerk entered the Order). RESPECTFULLY SUBMITTED this 7th day of July, 2006. THE CAVANAGH LAW FIRM, P.A.

T HE C AVANAGH L AW F IRM , P.A.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

By: s/Patrick G. Rowe Kerry M. Griggs Patrick G. Rowe Attorneys for Defendant Fleetwood Motor Homes of California CERTIFICATE OF SERVICE I hereby certify that on July 7, 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: Stephanie Gast KROHN & MOSS, LTD. 5055 Wilshire Blvd., Suite 300 Los Angeles, CA 90036 Attorneys for Plaintiff Negatu Molla David Williams BOWMAN AND BROOKE, LLP 2901 N. Central Ave., Suite 1600 Phoenix, AZ 85012 Attorney for Defendant Workhorse Custom Chassis, Inc. s/Jacque Andersen

LAW OFFICES

Case 2:04-cv-00161-ROS :1255156-1

Document 183 2 Filed 07/07/2006

Page 2 of 2