SHELTON L. FREEMAN (AZ #009687)
I MICHAEL A. CORDIER (AZ #014378)
2 LISA ANNE SMITH (AZ# 16762)
DECONCINI NICDONALD YETwIN & LACY, P.C.
3 7310 NORTH sI>
4 _____
Ph; (602) 282-0500
5 Fax: (602) 282-0520
E-mail: [email protected]
6 .
7 Attorneys for Defendants
8
Q 9 UNITED STATES DISTRICT COURT
0..
5 IO FOR THE DISTRICT OF ARIZONA
Q 9, ll Nicholas Alozie, a single man, Case No. CIV O2 2639 PHX SRB
§ 12 Plaintiff,
rr;] QAE 13 v. DEFENDANTS’ THIRD MOTION FOR
>~ $5 § JUDGMENT AS A MATTER OF LAW
B E gi I4 The Mills Corporation, a foreign FOR DEFENDANT THE MILLS
it .*33 corporation; Mills Services Corp., a CORPORATION (CLOSE OF
8 2 § I5 foreign corporation; and Arizona Mills, PLAINTIFF’S CASE)
E E °— 16 L.L.C., a foreign corporation,
{Z; E 17 Defendants. _
§ 18 Defendant The Mills Corporation ("MiIIs Corporation"), by and through
LU
Q I9 undersigned counsel, hereby moves, pursuant to Rule 50(a), Federal Rules of
20 Civil Procedure, forjudgment in favor of Mills Corporation as a matter of law.
21 This Motion is made at the close of Plaintiff’s evidence on the grounds that
22
Plaintiff has not established any grounds for liability of Mills Corporation. This
23
24 Motion is based upon the accompanying l\/lemorandum of Points and Authorities,
25 and the entire record of this case.
26
Case 2:02-cv—02639—SRB Document 112 Filed 08/17/2005 Page1 0f3
I MEMORANDUM OF POINTS AND AUTHORITIES
2 l. OVERVIEW OF RELEVANT FACTUAL EVIDENCE
3 Plaintiff’s Complaint alleged that Mills Corporation is an owner, manager or
4 lessor of Arizona Mills Mall. See Complaint, 1] 5. Defendants in this case filed an
5 Answer to that Complaint admitting that Defendant Arizona Mills, L.L.C. is the
6 owner and operator of the Arizona Mills shopping center, and that Defendant Mills
; Services Corp. is the managing agent of Arizona Mills, L.L.C. Defendants
Q 9 specifically denied that Mills Corporation was an owner, manager or lessor of
cg I0 Arizona Mills Mall. See Answer, 1I 5.
5 2 ll Plaintiff has presented Plaintiff’s entire case to the jury, and Plaintiff has
Egg 12 provided E evidence that Mills Corporation is an owner, manager or lessor of
E 13 Arizona Mills Mall. Plaintiff has also provided E evidence that any employees or
Q gd I4 agents of Mills Corporation took any actions alleged in the Complaint.
gi II. LEGAL ARGUMENT
Z 5 17 A. The Absence of Any Evidence Related the Mills Corporation
c2> Mandates a Directed Verdict
§ IS Entering judgment as a matter of law in favor of Defendant Mills Corporation
Q 19 is required in this case because Plaintiff has not provided any factual evidence to
$3 establish any liability for any of the claims made by Plaintiff. Without any
22 evidence, there is no legal basis for a reasonable jury to find for Plaintiff against
23 Mills Corporation. Rule 50(a), Federal Rules of Civil Procedure.
24 B. Conclusion
25 For the reasons set forth above, Defendant, The l\/lills Corporation requests
26 that this Court immediately grant judgment as a matter of law to The Mills
Corporation on PIaintiff’s Complaint.
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1 DATED this liddxagz/of August, 2005.
2
3 DeCONClNl l\/lcDONALD YETWIN 8 LACY, P.C.
l
5 BY
Shelton L. Freeman
6 Michael A. Cordier
Lisa Anne Smith
7 Attorneys for Defendants
8
O
c>.1;_ 9
Q 10
.1 g U COPY ofthe foregoing mailed
¤2$ g thislfpday of August, 2005, to:
g gg 12
1— s" Q
D ct 13
SE E § Sabinus A. I\/legwa
E § § 14 The l\/legwa Law Office
§ ii 15 8811 South Central Avenue
B Eg Phoenix, AZ 85042 `
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Case 2:02-cv-02639-SRB
Document 112
Filed 08/17/2005
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Case 2:02-cv-02639-SRB
Document 112
Filed 08/17/2005
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Case 2:02-cv-02639-SRB
Document 112
Filed 08/17/2005
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