Mendiola-Martinez v. Arpaio et al

Filing 150

ORDER denying without prejudice to refiling upon resolution of Plaintiff's appeal 137 Motion for Attorney Fees. Signed by Judge David G Campbell on 6/3/2014.(DGC, nvo)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Miriam Mendiola-Martinez,
Plaintiff,

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ORDER

v.

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No. CV-11-02512-PHX-DGC

Joseph M. Arpaio, et al.,

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Defendants.

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Plaintiff Miriam Mendiola-Martinez commenced this action against Defendants

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Joseph Arpaio and Maricopa County and others in December 2011, asserting five claims:

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(1) deliberate indifference to her serious medical needs in violation of the Eighth

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Amendment; (2) deliberate indifference to her serious medical needs in violation of the

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Fourteenth Amendment; (3) cruel and unusual punishment in violation of the Eighth and

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Fourteenth Amendments; (4) disparate treatment in violation of the Fifth, Fourteenth, and

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Fifteenth Amendments; and (5) Monell liability.

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summary judgment in favor of Defendants on all counts on January 22, 2014. Doc. 121.

See Doc. 1.

The Court granted

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Defendants have now filed a motion for attorneys’ fees pursuant to 42 U.S.C.

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§ 1988(b). Doc. 137. The motion is fully briefed. Docs. 144, 149. Plaintiff filed a

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notice of appeal to the Ninth Circuit on January 31, 2014 (Doc. 122) and filed amended

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notices on March 10, 2014 (Doc. 132), and April 22, 2014 (Doc. 146).

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IT IS ORDERED that Defendants’ motion for attorneys’ fees (Doc. 137) is
denied without prejudice to re-filing upon resolution of Plaintiff’s appeal.
Dated this 3rd day of June, 2014.

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