Realty Executives International Services LLC v. Devonshire Western Canada Limited et al

Filing 149

ORDER that Defendants' motion for attorney's fees 134 is denied without prejudice. Defendants may refile their motion and supporting documents (Docs. 134-35) within 30 days after the appeal is final or, if no appeal is filed, within 30 days after the time for appeal has expired. Plaintiff shall have 14 days to file a response, and Defendants shall have 7 days to file a reply. Plaintiff's motion to strike 143 is denied as moot. See attachment for details. Signed by Senior Judge David G Campbell on 12/2/2020. (CLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Realty Executives International Services
LLC,

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Plaintiff/Counterdefendant,

No. CV-17-02671-PHX-DGC
ORDER

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v.
Devonshire Western Canada Limited, et al.,
Defendants/Counterclaimants.

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Plaintiff Realty Executives International Services LLC (“REI”) sued Defendants

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Devonshire Western Canada Limited (“Devonshire”), Bill Tarrabain, Philippe Roy, Rick

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Rowswell, and Gary Kirkham for various breach of contract and tort law claims in Arizona

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state court in June 2017. See Doc. 1. After removing to this Court, Defendants asserted

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counterclaims. Docs. 1, 35. The parties cross-moved for summary judgment. Docs. 109,

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114.

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Plaintiff’s claims, denied Plaintiff’s cross-motion on its claims, and granted in part

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Plaintiff’s motion on Defendants’ counterclaims. Doc. 130.

In August 2020, the Court granted summary judgment for Defendants on all of

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Defendants have now filed a motion for attorney’s fees, which Plaintiff moves to

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strike. Docs. 134, 143. Plaintiff states that it intends to appeal the Court’s summary

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judgment order and requests that the Court deny Defendants’ attorney’s fees motion

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without prejudice to be renewed following disposition of the matter on appeal. Doc. 144

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at 3. Defendants express skepticism about whether Plaintiff will actually appeal, and argue

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that the prevailing party need not wait until after resolution of an appeal to apply for fees.

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Doc. 147 at 7.

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The result of the appeal could affect the Court’s consideration of the motion for

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attorneys’ fees. Madrid v. Concho Elementary Sch. Dist. No. 6 of Apache Cty., No. CV-

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07-8103-PCT-DGC, 2010 WL 2991562, at *1 (D. Ariz. July 26, 2010) (quoting In re

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Farmers Ins. Exch., No. 33–1439(A), 2009 WL 3834034, at *3 (D. Or. Nov.13, 2009)). In

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the interest of judicial economy, the Court will not rule on Defendants’ motion for fees

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until after the appeal. The Court will deny the motion without prejudice, and deny

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Plaintiff’s motion to strike as moot.

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IT IS ORDERED:

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prejudice.

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Defendants’ motion for attorney’s fees (Doc. 134) is denied without

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Defendants may refile their motion and supporting documents (Docs. 134-

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35) within 30 days after the appeal is final or, if no appeal is filed, within

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30 days after the time for appeal has expired. Plaintiff shall have 14 days

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to file a response, and Defendants shall have 7 days to file a reply.
Plaintiff’s motion to strike (Doc. 143) is denied as moot.

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Dated this 2nd day of December, 2020.

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