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Tony Martinez v. Columbia Sportswear Usa Corp.

July 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.



The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER DENYING MOTIONS FOR ATTORNEY FEES*fn1

Defendants Eddie Bauer and Columbia each move for attorney fees under the Americans with Disabilities Act, 42 U.S.C. ยง 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 ...


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