CIT Finance LLC v. Treon, Aguirre, Newman & Norris PA

Filing 119

ORDER: granting Defendants Pacific Office Automation, Inc., Darin DuMolin, and Derek Abert's Motion for Award of Attorneys' Fees. 117 ; Defendants Pacific Office Automation, Inc., Darin DuMolin, and Derek Abert are awarded reasonable attorneys' fees in this matter in the sum of $35,126.77. Signed by Senior Judge James A Teilborg on 2/16/17. (REW)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

CIT Finance LLC,
Plaintiff/Counter-Defendant,

10
11

ORDER

v.

12

No. CV-14-00800-PHX-JAT

Treon, Aguirre, Newman & Norris PA,

13

Defendant/Counter-Claimant.

14
15

Treon, Aguirre, Newman & Norris PA,
Third-Party Plaintiff,

16
17

v.

18

Pacific Office Automation Inc., et al.,

19

Third-Party Defendants.

20
21

On November 17, 2016, Third-Party Defendants Pacific Office Automation, Inc.,

22

Darin DuMolin, and Derek Abert (“Defendants”) filed a Motion for an Award of

23

Attorneys’ Fees. (Doc. 117). On November 21, 2016, the Court ordered Defendants to

24

send to opposing counsel and the Court an e-mail with a spreadsheet containing an

25

itemized statement of legal services. (Doc. 118 at 1). Defendants complied with the Order

26

on November 29, 2016. The Court also ordered Third-Party Plaintiff Treon, Aguirre,

27

Newman & Norris PA to e-mail the Court any objections to Defendants’ billing entries

28

“at the time [Plaintiff’s] Response is due.” (Id. at 2). Despite Plaintiff’s response being

1

due on December 5, 2016, Plaintiff still has failed to file a responsive memorandum or

2

comply with the Court’s November 21, 2016 Order.

3

LRCiv 7.2(i) provides, in part, “if the unrepresented party or counsel does not

4

serve and file the required answering memoranda, . . . such non-compliance may be

5

deemed a consent to the denial or granting of the motion and the Court may dispose of

6

the motion summarily.” (2017). Pursuant to this Court’s November 21, 2016 Order and

7

LRCiv 7.2(i), the Court deems Plaintiffs’ failure to serve and filed the required answering

8

memorandum a consent to the granting of the Defendants’ Motion for Attorneys’ Fees.

9
10

IT IS ORDERED granting Defendants Pacific Office Automation, Inc., Darin
DuMolin, and Derek Abert’s Motion for Award of Attorneys’ Fees. (Doc. 117).

11

IT IS FURTHER ORDERED that Defendants Pacific Office Automation, Inc.,

12

Darin DuMolin, and Derek Abert are awarded reasonable attorneys’ fees in this matter in

13

the sum of $35,126.77.

14

Dated this 16th day of February, 2017.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-