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

Filing 577

ORDER requesting additional briefing signed by Magistrate Judge Dennis L. Beck on 12/1/2011. ( Filing Deadline: 12/7/2011) (Figueroa, O)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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FLAGSHIP WEST, LLC, et al.,

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Plaintiffs,
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vs.
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EXCEL REALTY PARTNERS, L.P.,
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et al.,
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Defendants.
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____________________________________)

1:02cv05200 LJO DLB

ORDER REQUESTING ADDITIONAL
BRIEFING

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On October 21, 2011, Defendants Excel Realty Partners, L.P. and New Plan Excel Realty
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Trust, Inc. filed a notice of appeal from the final judgment entered in this action on September 28,
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2011. On the same date, Defendants filed an ex parte motion for an order staying any and all
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proceedings to enforce the judgment and approving a supersedeas bond.
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During pendency of the ex parte motion, Plaintiffs Flagship West, LLC, Marvin G. Reiche
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and Kathleen Reiche filed a motion for an order awarding them attorneys’ fees in this matter, but
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reserved their right to move for any fees connected with enforcing their judgment, post-judgment
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motions and any appeal taken in this matter.
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On October 28, 2011, the Court ordered Plaintiffs not to execute the judgment.
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On November 3, 2011, Plaintiffs filed a cross-appeal from the Court’s final judgment.

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Thereafter, on November 4, 2011, the Court approved the supersedeas bond posted by

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Defendants.

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Given the procedural posture of this case, including the supersedeas bond, the stay of

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enforcement and the pending cross-appeals, the Court requests that the parties address the propriety

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of ruling on the claim for fees at this time, including whether or not the parties seek a ruling at this

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time, deferral of a ruling or denial of the motion without prejudice until the appeals have been

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resolved. See, e.g., Advisory Committee notes to Fed. R. Civ. P. 54(d) (If an appeal on the merits of

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the case is taken, the court may rule on the claim for fees, may defer its ruling on the motion, or may

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deny the motion without prejudice, directing under subdivision (d)(2)(B) a new period for filing after

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the appeal has been resolved). The parties shall file a joint statement addressing this issue on or

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before December 7, 2011.

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IT IS SO ORDERED.
Dated:
3b142a

December 1, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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