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

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SABINUS A. MEGWA, ESQ. The Megwa Law Office 6811 South Central Avenue Phoenix, Arizona 85042 State Bar Number: 011266 Telephone (602) 243-6151 E-mail: [email protected] Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Nicholas Alozie, a single man,

) NO. CIV'02 2639 PHX SRB ) ) Plaintiff, ) ) PLAINTIFF'S MOTION FOR AWARD OF vs. ) ) ATTORNEY'S FEES ) The Mills Corporation, a foreign corporation; ) MillsServices Corp., a foreign corporation; and ) ) (Before The Honorable Susan R. Bolton) Arizona Mills, L.L.C., a foreign corporation, ) ) Defendants, ) Pursuant to Rule 54(d)(2), Federal Rules of Civil Procedure, and Local Rule 2.20(b), Plaintiff Nicholas Alozie, ("Plaintiff"), by and through his undersigned counsel, hereby requests this Court to award his attorney's fees and related non-taxable expenses. On August 19, 2005, a unanimous jury found in favor of Plaintiff with regard to his federal discrimination claim. In particular, the jury found that Defendants The Mills Corporation, Mills Service Corp., and Arizona Mills, L.L.C., ("Defendants") had discriminated against Plaintiff Nicholas Alozie on the basis of race and/or national origin in violation of his Civil Rights pursuant to 42 U.S.C. §1981, and 42 U.S.C. §1982. The jury also found in favor of Plaintiff on his claim for punitive damages.

Case 2:02-cv-02639-SRB

-1Document 143 Filed 09/06/2005

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Judgment was entered on Plaintiff's behalf on August 24, 2005. As the prevailing party, Plaintiff is entitled to attorney's fees under these statutes: 42 U.S.C. §1988 because he prevailed on his 42 U.S.C §1981 and 42 U.S.C §1982 claims. Additionally, it is well settled that a Plaintiff is presumptively entitled to attorney's fees where he prevails in a civil rights action. See, e.g., Christiansburg v. Garment Co. v. EEOC, 42 U.S. 412, 417 (1978) ("prevailing plaintiff to be awarded attorney's fees in all but special circumstances"). Here, dominant issue in the case is discrimination and Plaintiff prevailed on the two discrimination claims that were tried to the jury and punitive damages. The amount of attorney's fees is estimated at approximately $247,000.00 and the related nontaxable expenses sought by Plaintiff is approximately $15,415.00. Plaintiff will, within the 60 days prescribed by Local Rule 2.20(b), file a supplemental fee application specifying in detail the attorney's fees and non-taxable costs incurred by him in this action. RESPECTFULLY submitted this 6th day of September 2005. THE MEGWA LAW OFFICE BY_/s/ Sabinus A. Megwa SABINUS A. MEGWA 6811 South Central Ave. Phoenix, Arizona 85042 Attorney for Plaintiff

Copy of the foregoing document mailed on this 6th_day of September 2005, to: Shelton L. Freeman, Esq. Michael A, Cordier, Esq. Lisa Ann Smith, Esq. DeConcini, McDonald, Yetwin & Lacy, P.C. 7310 North Sixteenth Street, Suite 330 Phoenix, AZ 85020 Attorneys for Defendants /s/ Sabinus A. Megwa

Case 2:02-cv-02639-SRB

-2Document 143 Filed 09/06/2005

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