Robbins et al v. Arizona Foothills Realty, Inc.

Filing 21

ORDER granting Pla's 19 Motion to Confirm the Arbitration Award. The Clerk shall enter judgment against Dft Arizona Foothills Realty, Inc. and in favor of Plas Tina and David Robbins in the amount of $92,044.65; IT IS FURTHER ORDERED denying Plas' request for post-award attorney's fees without prejudice at this time. Plas may file a motion for such fees pursuant to L.R. Civ. 54.2. Signed by Judge James A Teilborg on 03/13/09. (ESL)

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WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

DAVID) ) ) ) Plaintiffs, ) ) vs. ) ) ARIZONA FOOTHILLS REALTY, INC.,) ) ) Defendant. ) ) T I N A ROBBINS ROBBINS, AND

No. CV 07-0495-PHX-JAT ORDER

Plaintiffs Tina and David Robbins have moved to confirm an arbitration award in their favor. (Doc. #19.) Although Defendant Arizona Foothills Realty, Inc. does not oppose confirmation of the arbitration award, it does oppose Plaintiffs' additional request for postaward attorney's fees. (Doc. #20.) Having reviewed the parties' submissions, the Court rules as follows. On July 16, 2007, this Court, having received and considered the parties' Stipulation, dismissed Plaintiffs' Complaint against Defendant and Defendant's Counterclaim against Plaintiffs. (Doc. #18.) The Court retained jurisdiction over the action to confirm (if appropriate) any arbitration award ultimately entered in the dispute. On August 13, 2008, the Arbitrator entered an award in favor of Plaintiffs and against Defendant consisting of $50,000.00 in compensatory damages, $33,245.62 in attorney's fees, and $8,799.03 in costs, for a total amount of $92,044.65. Plaintiffs now move to confirm the arbitrator's award and

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request post-arbitration attorney's fees "for confirming and collecting the Arbitrator's Award." Plaintiffs' Motion to confirm the award is not opposed, and the Court, therefore, will grant Plaintiffs' Motion. To the extent Plaintiffs seek additional attorney's fees, however, this Court concludes that Plaintiffs should file a separate motion for fees consistent with the Federal Rules of Civil Procedure and this Court's local rules. Accordingly, IT IS HEREBY ORDERED granting Plaintiff's Motion to Confirm the Arbitration Award (Doc. # 19); IT IS FUTHER ORDERED that the Clerk shall enter judgment against Defendant Arizona Foothills Realty, Inc. and in favor of Plaintiffs Tina and David Robbins in the amount of $92,044.65; and IT IS FURTHER ORDERED denying Plaintiffs' request for post-award attorney's fees without prejudice at this time. Plaintiffs may file a motion for such fees pursuant to L.R. Civ. 54.2 DATED this 13th day of March, 2009.

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