Toyrrific LLC v. Edvin Karapetian et al

Filing 78

ORDER DENYING MOTION FOR ATTORNEYS FEES WITHOUT PREJUDICE 74 .If appropriate Defendants may renew their motion within 30 days of the entry of the Ninth Circuits mandate by Judge Otis D. Wright, II. (lc). Modified on 5/15/2013.(lc).

O

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

TOYRRIFIC, LLC,
v.

Plaintiff,

EDVIN KARAPETIAN, an individual,
EDWARD MINASYAN, an individual,
LENA AMERKHANIAN, an individual,
and EDO TRADING, INC., a California
corporation,

Case No. 2:12-cv-04499-ODW(Ex)
ORDER DENYING MOTION FOR
ATTORNEYS’ FEES WITHOUT
PREJUDICE [74]

Defendants.

17
18

Following the Court’s grant of summary judgment in their favor, Defendants

19

moved to recover their attorneys’ fees. (ECF No. 74.) Defendants contend that the

20

Settlement Agreement and Mutual General Release underlying this action “provides

21

that the prevailing party in the event of litigation is entitled to recover their [sic]

22

reasonable attorneys’ fees.” (Not. of Mot. 2.) But after Defendants filed their motion,

23

Plaintiff Toyrrific filed a notice of appeal of the Court’s summary-judgment ruling to

24

the Ninth Circuit. (ECF No. 76.) An appellate ruling in Toyrrific’s favor would

25

abrogate a grant of attorneys’ fees to Defendants, as Defendants would no longer be

26

prevailing parties. Thus, in the interest of justice and to prevent needless expense to

27

the parties in briefing a potentially ill-founded motion, the Court DENIES

28

Defendants’ motion for attorneys’ fees WITHOUT PREJUDICE. If appropriate,

1

Defendants may renew their motion within 30 days of the entry of the Ninth

2

Circuit’s mandate.

3
4
5

IT IS SO ORDERED.
May 15, 2013

6
7
8

____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2