Case 3:11-cv-08123-JAT Document 330 Filed 04/25/14 Page 1 of 4

Case 3:11-cv-08123-JAT Document 330 Filed 04/25/14 Page 1 of 4
JELLISON LAW OFFICES, PLLC
3101 North Central Avenue
Suite 1090
Phoenix, Arizona 85012
Telephone: (602) 277-6009
Facsimile: (602) 230-9250
E-mail: [email protected]
JAMES M. JELLISON, ESQ. #012763
MARTIN & BONNETT, PLLC
1850 North Central, Suite 2010
Phoenix, Arizona 85004
Telephone: (602) 240-6900
Email: [email protected]
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PRESCOTT LEGAL DEPARTMENT
221 S. Cortez Street
Prescott, Arizona 86303
Telephone: (928) 777-1288
E-mail: [email protected]
JON PALADINI, ESQ. #015230
ACLU Foundation of Arizona
3707 North 7th Street, Suite 235
Phoenix, AZ 85014
Telephone: (602) 650-1854
Email: [email protected]
DANIEL POCHODA, #021979
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Attorneys for City of Prescott Defendants
Attorneys for Plaintiff
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DANIEL BONNETT, ESQ. #014127
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Kay Anne Riley,
Plaintiff,
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Case No. CV-2011-08123-JAT
vs.
City of Prescott, Arizona, a political
subdivision; Yavapai Humane Society, an
Arizona non-profit corporation; Marlin
Kuykendall, individually and in his official
capacity as Mayor of the City of Prescott, and
Tana Kuykendall, husband and wife; Steve
Norwood, individually and in his official
capacity as City Manager of the City of
Prescott and Shelly Norwood, husband and
wife; Ed Boks and Adele Langdon, husband
and wife; Marty Goodman and Jane Doe
Goodman, husband and wife,
STIPULATION ON AGREED
REASONABLE AMOUNT OF
PLAINTIFF’S ATTORNEYS’ FEES
AND COSTS PURSUANT TO LRCiv.
54.2 RE: COURT’S FEBRUARY 19,
2014 ORDER
Defendants.
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WHEREAS, on February 19, 2014, the Court filed its Order which, among other
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things, states that Plaintiff is entitled to her reasonable attorneys’ fees incurred in
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Case 3:11-cv-08123-JAT Document 330 Filed 04/25/14 Page 2 of 4
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connection with Plaintiff’s motion seeking relief for spoliation, and in seeking spoliated
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evidence (Doc. 312, p. 36);
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WHEREAS, in the February 19, 2014 Order, the Court directs the Parties, in
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accordance with LRCiv. 54.2(d)(1), to confer in good faith to resolve any disputes
concerning the amount of reasonable expenses and fees (Doc. 312, p. 36);
WHEREAS, the Parties have exchanged information, met, and conferred in
accordance with LRCiv. 54.2(d)(1) and have considered the scope of the Court’s Order
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[Dkt. 312] as well as the matters contained in LRCiv. 54.2(c)(3);
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WHEREAS, the Parties have come to an agreement on the amount of reasonable
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expenses and attorneys’ fees to be awarded Plaintiff incurred in connection with
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Plaintiff’s motion seeking relief for spoliation, and in seeking spoliated evidence pursuant
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to the Court’s February 19, 2014 Order (Doc. 312, p. 35-36, 38);
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ACCORDINGLY, IT IS HEREBY STIPULATED by and between City of
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Prescott Defendants, through counsel, and Plaintiff, through counsel, pursuant to the
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above-referenced agreement, that the Court award Plaintiff the total amount of
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$35,000.00 (thirty-five thousand dollars and zero cents) as the amount for reasonable
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expenses and attorneys’ fees incurred in connection with Plaintiff’s motion seeking relief
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for spoliation, and in seeking spoliated evidence;
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IT IS FURTHER STIPULATED AND AGREED TO that nothing contained
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herein shall be construed as a waiver by the City of Prescott Defendants of their right to
appeal any Judgment resulting from the Court’s February 19, 2014 Order (Doc. 312) or
resulting from any subsequent Order awarding the stipulated amount for reasonable
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Case 3:11-cv-08123-JAT Document 330 Filed 04/25/14 Page 3 of 4
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expenses and attorneys’ fees with the exception of the dollar amount of $35,000 which is
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stipulated hereto by the parties as a reasonable amount incurred by Plaintiff in connection
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with Plaintiff’s motion seeking relief for spoliation, and in seeking spoliated evidence. It
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is further stipulated that nothing herein shall prejudice the right of any party to seek other
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fees and costs at a later time that are unrelated to that portion of the Court’s February 19,
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2014 Order awarding Plaintiff her attorneys’ fees and costs incurred in filing her motion
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seeking relief for spoliation and in seeking the spoliated evidence.
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A proposed Order is attached to this Stipulation as Exhibit A.
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DATED this 25th day of April, 2014.
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JELLISON LAW OFFICES, PLLC
PRESCOTT LEGAL DEPARTMENT
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By s/James M. Jellison
Jellison Law Offices, PLLC
By s/Jon Paladini
Prescott Legal Department
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Attorneys for City of Prescott Defendants
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MARTIN & BONNETT, PLLC
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By s/Daniel Bonnett
1850 North Central Avenue, Suite 2010
Phoenix, AZ 85004
Attorney for Plaintiff
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I hereby certify that on the 25th day of April,
2014, I electronically transmitted the attached
document to the Clerk’s Office using the
CM/ECF System for filing and transmittal of a
Notice of Electronic Filing to the following
CM/ECF registrants:
James M. Jellison, Esq.
Jellison Law Offices, PLLC
3101 N. Central Avenue, Suite 1090
Phoenix, AZ 85012
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Case 3:11-cv-08123-JAT Document 330 Filed 04/25/14 Page 4 of 4
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Jon Paladini, Esq.
City of Prescott Legal Department
221 S. Cortez Street
Prescott, AZ 86303
s/Kathy Pasley
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Case 3:11-cv-08123-JAT Document 330-1 Filed 04/25/14 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Kay Anne Riley,
Plaintiff,
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Case No. CV-2011-08123-JAT
PROPOSED ORDER
vs.
City of Prescott, Arizona, a political
subdivision; Yavapai Humane Society, an
Arizona non-profit corporation; Marlin
Kuykendall, individually and in his official
capacity as Mayor of the City of Prescott, and
Tana Kuykendall, husband and wife; Steve
Norwood, individually and in his official
capacity as City Manager of the City of
Prescott and Shelly Norwood, husband and
wife; Ed Boks and Adele Langdon, husband
and wife; Marty Goodman and Jane Doe
Goodman, husband and wife,
Defendants.
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Having considered the Parties’ Stipulation on Agreed Reasonable Amount of
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Plaintiff’s Attorneys’ Fees and Costs Pursuant To LRCiv. 54.2 Re: Court’s February 19,
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2014 Order (Doc. ___), the Court’s prior Order dated February 19, 2014 (Doc. 312), and
the record, the Court hereby finds that:
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Case 3:11-cv-08123-JAT Document 330-1 Filed 04/25/14 Page 2 of 2
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1. Counsel for the parties have conferred in good faith to resolve the issue of
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the reasonable amount of attorneys’ fees and expenses incurred by Plaintiff
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in bringing her discovery motion for sanctions and in seeking the spoliated
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evidence.
2. The parties have stipulated that $35,000.00 is a reasonable amount for
expenses and attorneys’ fees;
3. That the amount of $35,000.00 is, in fact, a reasonable amount to award
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Plaintiff and her attorneys for bringing the motion for sanctions and for
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seeking the spoliated evidence referenced in the Court’s February 19, 2014
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Order. (Doc. 312 at 24-36). Accordingly,
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IT IS HEREBY ORDERED that reasonable attorneys’ fees and expenses
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pursuant to this Court’s February 19, 2014 Order are hereby awarded to Plaintiff in the
amount of $35,000.00 (thirty-five thousand dollars and zero cents).
DATED this ___day of ________, 2014
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James A. Teilborg
Senior United States District Judge
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