Kajander v. Phoenix, City of

Filing 70

ORDER granting Plaintiff's counsel's Rule 59(e) 67 Motion to Vacate to the limited extent outlined above; that the Clerk of the Court shall enter an Amended Judgment awarding attorneys' fees in the amount of $17,334 and non-taxable costs of $886.92 to Defendant against Plaintiff's counsel, Mr. Howard Weinstein, pursuant to the 03/09/11. Signed by Judge James A Teilborg on 11/04/11.(ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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City of Phoenix, an Arizona municipal)
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corporation,
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Defendant.
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Sonja Kajander,

No. CV 09-02164-PHX-JAT
ORDER

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Plaintiff’s counsel filed a Motion to Vacate 3/9/11 Judgment on March 21, 2011.

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(Doc. 67.) Counsel moved pursuant to Federal Rule of Civil Procedure 59(e) to vacate the

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Court’s judgment (Doc. 66) entered on the Court’s award of attorneys’ fees to Defendant

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(Doc. 65). Counsel seems to make two arguments for vacating the award: 1) Defendant’s

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Memorandum in Support of an award of attorneys’ fees was untimely and 2) the judgment

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should be against Plaintiff’s counsel, not Plaintiff.

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“A Rule 59 motion should not be granted ‘unless the district court is presented with

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newly discovered evidence, committed clear error, or if there is an intervening change in the

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controlling law.’” McQuillion v. Duncan, 343 F.3d 1012, 1014 (9 Cir. 2003)(quoting

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McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999)(en banc)). The Court ordinarily

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will deny a motion for reconsideration absent a showing of manifest error or a showing of

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new facts or legal authority that could not have been brought to the Court’s attention earlier

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with reasonable diligence. L.R.Civ.P. 7.2(g). No motion for reconsideration may repeat any

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oral or written argument made by the movant in support of or in opposition to the motion that

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resulted in the Order for which the party seeks reconsideration. Id. Repeating arguments in

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a motion to reconsider may be grounds for denying the motion. Id.

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The Court disagrees with Plaintiff’s counsel that it erred in awarding attorneys’ fees

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to Defendant and against counsel as a sanction.

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Memorandum in Support of its Motion for Attorney Fees (Doc. 62) was timely. But the

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Court will grant the Rule 59(e) motion to the limited extent that the Court will order an

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Amended Judgment that clarifies that the Judgment for Attorney Fees is against Plaintiff’s

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The Court finds that Defendant’s

counsel, not Plaintiff.

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In its March 9, 2011 Order (Doc. 65), the Court awarded attorneys’ fees in the amount

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of $17,334 and non-taxable costs of $886.92 to Defendant against Plaintiff’s counsel, Mr.

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Weinstein. But for some reason, the Clerk entered judgment against Plaintiff. Defendant

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City of Phoenix joins with Mr. Weinstein in seeking to correct this error. (Doc. 68.)

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Because the award of attorneys’ fees and costs was against Mr. Weinstein, not
Plaintiff, the Judgment should reflect that.

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Accordingly,

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IT IS ORDERED GRANTING Plaintiff’s counsel’s Rule 59(e) Motion (Doc. 67) to

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the limited extent outlined above.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter an Amended

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Judgment awarding attorneys’ fees in the amount of $17,334 and non-taxable costs of

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$886.92 to Defendant against Plaintiff’s counsel, Mr. Howard Weinstein, pursuant to the

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March 9, 2011 Order.

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DATED this 4th day of November, 2011.

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