Garcia, Jr. et al v. Stanislaus et al

Filing 70

STIPULATION CONTINUING ATTORNEYS' FEES MOTION AND HEARING signed by District Judge Lawrence J. O'Neill on October 8, 2009. (Lira, I)

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JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM, Esq./State Bar #222173 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: [phone] Facsimile: [phone] RICHARD CRITCHLOW, Esq./ Sate Bar #37421 ROBERT DISKINT, Esq./ State Bar #88232 CRITCHLOW & DISKINT, LLP 100 Drakes Landing Road, Suite 305 Greenbrae, CA 94904 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Dan Farrar, Esq. SBN 155217 Attorney at law P.O. Box 3382 Turlock, CA 95381 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RAMIRO GARCIA, JR, individually, and as Personal Representative of the Estate of Ramiro Garcia; R.G., a minor, by and through her Guardian Ad Litem, Corina Torrez; RUBEN GARCIA; and ALICIA GARCIA, Plaintiffs, vs.
S. WATSON, et al.

Case No. 1-07-cv-01376 LJO SMS STIPULATION CONTINUNING ATTORNEYS' FEES MOTION AND HEARING

Trial date: September 14, 2009 Department 4 Defendants. /

Honorable Lawrence J. O'Neill

STIPULATION AND (PROPOSED) ORDER CONTINUING FILING DATE AND HEARING ON ATTTORNEYS' FEES MOTION CASE NO. 2-07-cv-01376 LJO SMS

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STIPULATION AND (PROPOSED) ORDER CONTINUING FILING DATE AND HEARING ON ATTTORNEYS' FEES MOTION CASE NO. 2-07-cv-01376 LJO SMS

STIPULATION The parties to the above-entitled action hereby stipulate that the time for Plaintiffs' to file their motion for attorneys' fees and hearing on attorneys' fees be continued from the previous date set by the Court of December 4, 2009 for hearing, and attorneys' fees motion to be filed by October 23, 2009. Plaintiffs' motion for attorneys' fees shall be filed no sooner than 60 days after post-trial motions are decided by the Court, for hearing scheduled no later than six weeks after the filing of Plaintiffs' motion for attorneys' fees. Good cause for the proposed modification of the Court's post-trial motions schedule is based on the continuing accrual of attorneys' fees incurred in the course of litigating and arguing post-trial motions, as may be dependent on the outcome of any post-trial motions, avoiding duplication of efforts in filing multiple attorney fee applications, and any appeals that may arise from the disposition of post trial motions. Respectfully submitted, Dated: October 2, 2009 ___/s/____________________________ Benjamin Nisenbaum Attorney for Plaintiffs ___/s/____________________________ Dan Farrar Attorney for Defendants ORDER Pursuant to the Parties' Stipulation, good cause shown, the Court hereby orders that the time for Plaintiffs to file a motion for attorneys' fees, and any hearing on the attorneys' fees motion is hereby continued. Any motion for attorneys' fees filed by Plaintiffs shall be filed no later than 60 days after post trial motions are decided by this Court, with a hearing scheduled no later than six weeks from the date Plaintiffs' attorneys' fees motion is filed. Dated:_October 8, 2009 _/s/ Lawrence J. O'Neill___ Honorable Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

Dated: October __, 2009