Realty Executives International Services LLC v. Devonshire Western Canada Limited ( 2020 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Realty Executives International Services No. CV-17-02671-PHX-DGC LLC, 10 ORDER Plaintiff/Counterdefendant, 11 v. 12 Devonshire Western Canada Limited, et al., 13 Defendants/Counterclaimants. 14 15 16 Plaintiff Realty Executives International Services LLC (“REI”) sued Defendants 17 Devonshire Western Canada Limited (“Devonshire”), Bill Tarrabain, Philippe Roy, Rick 18 Rowswell, and Gary Kirkham for various breach of contract and tort law claims in Arizona 19 state court in June 2017. See Doc. 1. After removing to this Court, Defendants asserted 20 counterclaims. Docs. 1, 35. The parties cross-moved for summary judgment. Docs. 109, 21 114. In August 2020, the Court granted summary judgment for Defendants on all of 22 Plaintiff’s claims, denied Plaintiff’s cross-motion on its claims, and granted in part 23 Plaintiff’s motion on Defendants’ counterclaims. Doc. 130. 24 Defendants have now filed a motion for attorney’s fees, which Plaintiff moves to 25 strike. Docs. 134, 143. Plaintiff states that it intends to appeal the Court’s summary 26 judgment order and requests that the Court deny Defendants’ attorney’s fees motion 27 without prejudice to be renewed following disposition of the matter on appeal. Doc. 144 28 at 3. Defendants express skepticism about whether Plaintiff will actually appeal, and argue that the prevailing party need not wait until after resolution of an appeal to apply for fees. 2|| Doc. 147 at 7. 3 The result of the appeal could affect the Court’s consideration of the motion for 4|| attorneys’ fees. Madrid v. Concho Elementary Sch. Dist. No. 6 of Apache Cty., No. CV- 5 || 07-8103-PCT-DGC, 2010 WL 2991562, at *1 (D. Ariz. July 26, 2010) (quoting In re □□ Farmers Ins. Exch., No. 33—1439(A), 2009 WL 3834034, at *3 (D. Or. Nov.13, 2009)). In □□ the interest of judicial economy, the Court will not rule on Defendants’ motion for fees || until after the appeal. The Court will deny the motion without prejudice, and deny g|| Plaintiffs motion to strike as moot. 10 IT IS ORDERED: 11 1. Defendants’ motion for attorney’s fees (Doc. 134) is denied without 12 prejudice. 13 2. Defendants may refile their motion and supporting documents (Docs. 134- 14 35) within 30 days after the appeal is final or, if no appeal is filed, within 15 30 days after the time for appeal has expired. Plaintiff shall have 14 days 16 to file a response, and Defendants shall have 7 days to file a reply. 17 3. Plaintiff's motion to strike (Doc. 143) is denied as moot. 18 Dated this 2" day of December, 2020. 19 » aud © Cauplhtt 21 9 . David G. Campbell Senior United States District Judge 23 24 25 26 27 28 -2-