Peters

Peters v. Winco Foods, Inc.

Good Law
320 F. Supp. 2d 1035·2004 WL 1234106·2004 U.S. Dist. LEXIS 14702
United States District Court, Eastern District of CaliforniaApril 29, 2004CIV.S02-2010 FCD KJMCalifornia3,680 words

Opinion

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This matter is before the court on motion by defendant Winco Foods, Inc. (“defendant”) for attorney’s fees. Plaintiff Jo Ann Peters (“Plaintiff’) disputes that she is liable for attorneys fees, but does not specifically challenge the reasonableness of defendant’s request for $62,605.00 in fees and $3,353.00 in court costs.

BACKGROUND

Plaintiff Jo Ann Peters (“plaintiff’), an amputee who requires use of a wheelchair for mobility, filed suit against defendant, the owner/operator of WineCo Foods, a grocery store of recent construction located near plaintiffs residence. The complaint alleged numerous violations of the Americans with Disabilities Act, 42 U.S.C. 12200 et seq, and state law.

On November 14, 2003, defendant filed a motion for summary judgment. By order dated December 18, 2003, the court grant ed defendant’s motion for summary judgment as to all federal causes of action and declined to exercise supplemental jurisdiction over plaintiffs state law claims. Defendant subsequently filed the instant motion seeking $62,605.00 in attorneys fees and $3,353.00 in court costs.

STANDARD

While attorney’s fees generally are not recoverable, such fees may be…

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