Labertew et al v. Auzenne et al

Filing 37

ORDER denying without prejudice to re-filing upon resolution of Plaintiff's appeal 28 Motion for Attorney Fees. Signed by Judge David G Campbell on 7/9/2014.(DGC, nvo)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marcus Labertew, et al.,
Plaintiffs,

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ORDER

v.

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No. CV-13-01785-PHX-DGC

Fred R. Auzenne, et al.,

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Defendants.

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Plaintiffs filed a complaint in Maricopa County Superior Court against Fred

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Auzenne and Loral Langemeier, alleging claims for defamation, fraud, and other wrongs.

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Doc. 1-1. During trial, the parties entered into a stipulated judgment against Loral

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Langemeier in the amount of $1,500,000. Doc. 1-16 at 27-28. On July 29, 2013,

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Plaintiffs filed applications for writs of garnishment against Langemeier’s insurance

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companies, Chartis Property Casualty Company and 21st Century North America

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Insurance Company (“Garnishees”), seeking to recover on the $1,500,000 stipulated

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judgment. Doc. 1-16 at 31-35.

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Garnishees removed the proceeding to this Court and the Court referred the

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proceedings to Magistrate Judge Burns.

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Garnishees’ proposed judgment be granted because Plaintiffs did not file timely

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objections as required by the Arizona garnishment statute. Doc. 20 at 8; A.R.S. § 12-

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1581(A). The Court entered an order accepting Judge Burns’ report and recommendation

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on April 7, 2014 (Doc. 26), and judgment was entered discharging Garnishees on the

Doc. 19.

Judge Burns recommended that

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same date (Doc. 27).

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Garnishees have now filed a motion for costs and attorneys’ fees pursuant to

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A.R.S. § 12-1591(B). Doc. 28. The motion is fully briefed. Docs. 33, 36. Plaintiffs

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filed a notice of appeal to the Ninth Circuit on May 3, 2014. Doc. 29.

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IT IS ORDERED that Garnishees’ motion for attorneys’ fees (Doc. 28) is denied
without prejudice to re-filing upon resolution of Plaintiffs’ appeal.
Dated this 9th day of July, 2014.

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