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

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RYLEY CARLOCK & APPLEWHITE One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Telephone: 602/258-7701 Telecopier: 602/257-9582 Michael D. Moberly ­ 009219 Andrea G. Lisenbee - 019882 Attorneys for Defendant/Counterclaimant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
AMMAR HALLOUM, Plaintiff, vs. INTEL CORPORATION, Defendant. INTEL CORPORATION, Counterclaimant, vs. AMMAR HALLOUM and SAWSAN HAMAD, Counterdefendants. DEFENDANT/ COUNTERCLAIMANT'S MOTION FOR ATTORNEYS' FEES No. CIV-02-02245-PHX-EHC

Defendant/Counterclaimant Intel Corporation ("Intel" or the "Company") hereby moves this Court for an award of attorneys' fees pursuant to FED.R.CIV.P. 54(d)(2) and LRCiv 54.2(b)(1). I. The Applicable Judgment and Statutory or Contractual Authority Entitling Intel to the Award The Company was awarded partial summary judgment on a portion of the claims asserted by Plaintiff/Counterdefendant Ammar Halloum on March 31, 2005

Case 2:02-cv-02245-EHC 1/31/07

745857.1

Document 200

Filed 02/01/2007

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(Docket No. 91), and on January 19, 2007, after trial, Intel was awarded judgment on Halloum's remaining claims and on its counterclaims against Halloum (Docket No. 197). Intel's counterclaims arise from Halloum's breach of Intel's U.S. Relocation Agreement ("Relocation Agreement"), which Halloum signed on October 13, 2000. The Relocation Agreement, which Halloum certified he had read and

understood, contains a provision whereby he specifically agreed "to pay reasonable attorneys' fees incurred by Intel and costs awarded by the court" in an action brought by Intel "to collect any monies due" under the agreement. Thus, Intel is entitled to an award of its reasonable attorneys' fees and costs incurred in successfully pursuing its counterclaims against Halloum pursuant to the express terms of the Relocation Agreement. A copy of the Relocation Agreement is attached hereto as Exhibit "A." In addition, because Intel's counterclaims arose out of a contract ­ specifically, the Relocation Agreement ­ Intel is entitled to an award of its reasonable attorneys' fees incurred in pursuing those counterclaims, as well as an award of reasonable fees for the time spent preparing its fee application, pursuant to A.R.S. § 12341.01.A. II. A Fair Estimate of the Award Sought While Intel will file a more detailed memorandum of points and authorities and other required supporting documentation in accordance with, and within the time provided under, LRCiv 54(b)(2), a fair estimate of the amount of attorneys' fees sought by Intel is $5,000.00. DATED this 1st day of February, 2007. RYLEY CARLOCK & APPLEWHITE By s/ Michael D. Moberly Michael D. Moberly Andrea G. Lisenbee One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Attorneys for Intel Corporation

Case 2:02-cv-02245-EHC

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Case 2:02-cv-02245-EHC

CERTIFICATE OF SERVICE I hereby certify that on February 1, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing. I hereby certify that on February 1, 2007, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System:

Ammar Halloum P.O. Box 26662 Tempe, AZ 85285 Plaintiff/Counterdefendant Sawsan Hamad 260 W. Buena Vista Dr. Tempe, Arizona 85284 Counterdefendant s/ Michael D. Moberly Michael D. Moberly

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