Free Objection - District Court of Arizona - Arizona

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Grant H. Goodman, State Bar #009463 Grant H. Goodman, PLLC 5110 North 44th Street Suite L200 Phoenix AZ 85018 Phone: (602) 343-1477 [email protected] Attorney for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CITICAPITAL TECHNOLOGY ) FINANCE, INC., formerly known as EAB ) Leasing Corp., a Pennsylvania corporation, ) ) and CITICAPITAL COMMERCIAL ) LEASING CORPORATION, formerly ) ) known as Associates Leasing, Inc., an ) Indiana corporation, ) ) Plaintiffs, ) ) ) v. ) ) GRANT H. GOODMAN and TERI B. ) GOODMAN, husband and wife, ) ) ) Defendants. ) Case No.: CV03-01587 PHX JAT OBJECTION TO APPLICATION FOR ATTORNEY'S FEES AND RELATED NON-TAXABLE EXPENSES

The defendants object to an award of attorneys' fees on the following bases: (i) there was absolutely no discovery taken in this matter and apparently, based upon the trial testimony of plaintiffs' witnesses, there was virtually no marketing, sales information, or other matters which counsel would have to review in disposition of the plaintiff's assets; (ii) other than a single motion and cross-motion for summary judgment, which this Court denied, it is plausible that defense counsel spent no more than five hours in

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Case 2:03-cv-01587-JAT

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reasonable preparation of the motion which, as with the balance of the plaintiffs' case, contained absolutely no relevant case law; (iii) the trial in this case, which consumed approximately 12-13 hours of total court time, and allowing for modest consumption of time in copying and filing records, through and including the one hour allotted to closing arguments, that additional billings, certainly under $4,000.00 would have been all that would have been reasonably required under the circumstances of this case; and (iv) the plaintiffs argue that, in effect, a 20%-25% contingent fee because of the $300,000.00 claim renders the $67,000.00 or $68,000.00 request for attorney's fees reasonable. There is no correlation, as a matter of law, relevant for this Court's consideration, arising out of contract, which provides a contingent quantitative or qualitative basis to award a percentage of the claim. DATED this 18th day of August, 2006. GRANT H. GOODMAN, PLLC

/s/ Grant H. Goodman, #009463 Grant H. Goodman Attorney for Defendants This document has been e-filed, and copies have been sent by e-mail to [email protected] and all parties to this action that have subscribed to Electronic Case Filing in this case on this 18th day of August, 2006. Honorable James A. Teilborg United States District Court 401 West Washington Suite 523 SPC 51 Phoenix AZ 85003

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David N. Ingrassia, Esq. DAVID N. INGRASSIA, P.C. 1212 East Osborn Road Phoenix AZ 85014 Attorneys for Plaintiffs

/s/ Grant H. Goodman

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