Govan v. Security National Financial Corporation, et al

Filing 17

ORDER denying without prejudice 11 Motion for Attorney Fees. Signed by Judge David G Campbell on 3/23/2010.(NVO)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) Security National Financial Corporation, ) a Utah corporation; Crystal Rose Funeral ) Home, Inc., an Arizona corporation; and ) ) Greer-Wilson Funeral Home, Inc., an ) Arizona corporation, ) ) Defendants. ) ) Taloren Govan, No. CV-10-57-PHX-DGC ORDER Plaintiff commenced this employment law action by filing a complaint against Defendants on January 8, 2010. Dkt. #1. On February 1, 2010, Defendants filed a motion to dismiss on the ground that Plaintiff had yet to receive a right-to-sue letter from the EEOC. Dkt. #10. Defendants withdrew their motion to dismiss after the EEOC issued a right-to-sue letter to Plaintiff on February 16, 2010. Dkt. ##11, 11-1. Defendants request the Court "to award the attorneys' fees necessitated by Plaintiff's filing of a defective complaint." Dkt. #11 at 1-2. Defendants state that they will provide the Court with an affidavit of fees upon request. Id. at 2. The Court concludes that any attorneys' fees request in this case is premature. The Court will be better equipped to address attorneys' fees after this case is resolved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS ORDERED that Defendants' request for fees (Dkt. #11) is denied without prejudice. DATED this 23rd day of March, 2010. -2-

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