Flagship West LLC, et al v. Excel Realty Partner, et al

Filing 503

ORDER DENYING, without prejudice, plaintiff's and defendant's motions for attorney fees, documents 406 and 410 ; order signed by Judge Oliver W. Wanger on 9/21/2009. (Rooney, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 Because of the Ninth Circuit's vacation of the Judgment 18 awarding rescission damages to Plaintiffs and remand for 19 determination of the availability of rescission, the motions for 20 attorneys' fees filed by Plaintiffs and by Defendant New Plan 21 Excel Realty Trust, Inc. are DENIED WITHOUT PREJUDICE. 22 resolution of the rescission issues, the parties may again file 23 their respective motions for attorneys' fees. 24 IT IS SO ORDERED. 25 26 Dated: 668554 September 21, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 1 Upon EXCEL REALTY PARTNERS, L.P., et al., vs. Plaintiffs, FLAGSHIP WEST, LLC, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-02-5200 OWW/DLB ORDER DENYING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES (Doc. 406) AND DEFENDANT NEW PLAN EXCEL REALTY TRUST, INC.'S MOTION FOR ATTORNEYS' FEES (Doc. 410) WITHOUT PREJUDICE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA