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

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Stephen G. Montoya MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Craig Tucker, plaintiff, vs. The City of Tempe, defendant. Pursuant to Fed. R. Civ. P. 54(d)(2)B, and Local Rule of Practice 54.2, Plaintiff hereby respectfully moves the Court for an award of his attorney fees as the prevailing party in this proceeding. After a jury trial, a final Judgment awarding Plaintiff $85,000.00 against Defendant City of Tempe was entered by the Clerk of the Court on March 14, 2006. Plaintiff is entitled to an award of his attorney fees and non-taxable costs as the prevailing plaintiffs in this Americans with Disabilities Act pursuant to 42 U.S.C. § 12205. See Armstrong, v. Davis, 318 F.3d 965, 974 (9th Cir. 2003). Plaintiff estimates that the amount of their attorney fees and non-taxable costs in this proceeding total approximately $75,000.00. In accordance with the requirements of Local Rule 54.2, Plaintiff will file a Memorandum of Points and Authorities and the required documentation in support thereof within sixty-days of the entry of the final Judgment.

No. CIV 03-1425-PHX-DGC Plaintiff's Motion for an Award of Attorney Fees

Case 2:03-cv-01425-DGC

Document 66

Filed 03/20/2006

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Dated the 20th day of March, 2006. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiff

I hereby certify that on March 20, 2006, I electronically transmitted the foregoing 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: Marlene A. Pontrelli Janis L. Bladine Kara L. Stanek Tempe City Attorney's Office P.O. Box 5002 Tempe, Arizona 85280 Attorneys for Defendants I hereby certify that on March 21, 2006, I served the foregoing document by hand-delivery to the following: The Honorable David G. Campbell United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003 By s/ Stephen G. Montoya

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Case 2:03-cv-01425-DGC

Document 66

Filed 03/20/2006

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