Opinion
2:10-cv-1333-GEB-KJN
07-13-2012
Tony Martinez, Plaintiff, v. Columbia Sportswear USA Corp., dba Columbia Sportswear Company #446; Eddie Bauer, a Delaware LLC, dba Eddie Bauer Outlet #R-867; New Balance Athletic Shoe, Inc. dba New Balance #0015, Defendants.
ORDER DENYING MOTIONS FOR ATTORNEY FEES
This matter is deemed suitable for decision without oral argument. E.D. Cal. R. 230(g).
Defendants Eddie Bauer and Columbia each move for attorney fees under the Americans with Disabilities Act, 42 U.S.C. § 12205, which prescribes that "the court . . . , in its discretion, may allow the prevailing party . . . a reasonable attorney[] fee[.]" However, Defendants have not shown that Plaintiff's ADA claims were "frivolous, unreasonable, or without foundation." Summers v. A. Teichert & Sons, Inc., 127 F.3d 1150, 1154 (9th Cir. 1997) (citation and quotation marks omitted). Therefore, each Defendant's motion for attorney fees is DENIED.
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GARLAND E. BURRELL, JR.,
Senior United States District Judge