IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 13, 2012
TONY MARTINEZ, PLAINTIFF,
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. § 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.