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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Marcus Labertew, et al., Plaintiffs, 10 11 ORDER v. 12 No. CV-13-01785-PHX-DGC Fred R. Auzenne, et al., 13 Defendants. 14 15 Plaintiffs filed a complaint in Maricopa County Superior Court against Fred 16 Auzenne and Loral Langemeier, alleging claims for defamation, fraud, and other wrongs. 17 Doc. 1-1. During trial, the parties entered into a stipulated judgment against Loral 18 Langemeier in the amount of $1,500,000. Doc. 1-16 at 27-28. On July 29, 2013, 19 Plaintiffs filed applications for writs of garnishment against Langemeier’s insurance 20 companies, Chartis Property Casualty Company and 21st Century North America 21 Insurance Company (“Garnishees”), seeking to recover on the $1,500,000 stipulated 22 judgment. Doc. 1-16 at 31-35. 23 Garnishees removed the proceeding to this Court and the Court referred the 24 proceedings to Magistrate Judge Burns. 25 Garnishees’ proposed judgment be granted because Plaintiffs did not file timely 26 objections as required by the Arizona garnishment statute. Doc. 20 at 8; A.R.S. § 12- 27 1581(A). The Court entered an order accepting Judge Burns’ report and recommendation 28 on April 7, 2014 (Doc. 26), and judgment was entered discharging Garnishees on the Doc. 19. Judge Burns recommended that 1 same date (Doc. 27). 2 Garnishees have now filed a motion for costs and attorneys’ fees pursuant to 3 A.R.S. § 12-1591(B). Doc. 28. The motion is fully briefed. Docs. 33, 36. Plaintiffs 4 filed a notice of appeal to the Ninth Circuit on May 3, 2014. Doc. 29. 5 6 7 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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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