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Tony Martinez v. Columbia Sportswear Usa Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


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. § 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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