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PROTECTIVE LIFE INSURANCE COMPANY v. MIZIOCH

Nos. 2:10-CV-01728-PHX-JAT (Lead), 2:10-CV-02341-PHX-ROS (Cons)

Protective Life Insurance Company, a Tennessee Corporation, Plaintiff, v. Peter Mizioch, an Arizona resident; The Estate of Phyllis A. Mizioch; Jimmy Ray Montoya, an Arizona resident; Mark Casey Montoya, an Arizona resident; Russell Lynn Montoya, an Arizona resident, Defendants. Peter Mizioch, an Arizona resident, Cross-Claimant, v. Jimmy Ray Montoya, an Arizona resident; Mark Casey Montoya, an Arizona resident; Russell Lynn Montoya, an Arizona resident, Cross-Defendants. Mark Casey Montoya, an Arizona resident; Russell Lynn Montoya, an Arizona resident, Cross-Claimants, v. Peter Mizioch, an Arizona resident, Cross-Defendant. AXA Equitable Life Insurance Company, a New York Stock Company, Plaintiff, v. Peter Mizioch, an Arizona resident; The Estate of Phyllis A. Mizioch; Jimmy Ray Montoya, an Arizona resident; Mark Casey Montoya, an Arizona resident; Russell Lynn Montoya, an Arizona resident, Defendants. Peter Mizioch, an Arizona resident, Cross-Claimant, v. Jimmy Ray Montoya, an Arizona resident; Mark Casey Montoya, an Arizona resident; Russell Lynn Montoya, an Arizona resident, Cross-Defendants.

United States District Court, D. Arizona.

March 12, 2012.

Attorney(s) appearing for the Case

Peter J Mizioch, an Arizona resident/ Executor of the Estate of Phyllis A. Mizioch estate of Phyllis A Mizioch, Defendant, represented by John T Gilbert , Alvarez & Gilbert PLLC — Scottsdale, AZ.

Mark Casey Montoya, an Arizona resident, Defendant, represented by James M LaGanke , James M LaGanke PLLC.

Russell Lynn Montoya, an Arizona resident, Defendant, represented by James M LaGanke , James M LaGanke PLLC.

Estate of Phyllis A. Mizioch, Defendant, represented by John T Gilbert , Alvarez & Gilbert PLLC — Scottsdale, AZ.

Troy O'Dell, Movant, represented by Andrew Michael Fowler , Miranda Fowler Attorneys at Law.

Mark Casey Montoya, an Arizona resident, Cross Claimant, represented by James M LaGanke , James M LaGanke PLLC.

Russell Lynn Montoya, an Arizona resident, Cross Claimant, represented by James M LaGanke , James M LaGanke PLLC.

ORDER

JAMES A. TEILBORG, District Judge.

Pending before the Court is Defendant and Cross-Claimant Peter Mizioch's Motion for Attorneys' Fees. (Doc. 223.) Mr. Mizioch seeks $126,057.29 in attorneys' fees pursuant to A.R.S. § 12-341.01(A).

I. BACKGROUND

Peter Mizioch married Phyllis Mizioch for the first time in October of 1995. They divorced in July of 1997, but remarried in March of 2005. On December 28, 1999, Mr. Mizioch applied for...

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