Garcia, et al v. Allstate Insurance

Filing 26

ORDER Vacating January 9, 2013 Hearing Date and Denying 22 Motion Without Prejudice, signed by District Judge Anthony W. Ishii on 12/14/12. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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ALLSTATE INSURANCE,
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Defendant.
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____________________________________)
EFRAIN GARCIA and OFELIA
GARCIA,

1:12-CV-609 AWI SKO
ORDER VACATING
JANUARY 9, 2013 HEARING
DATE AND DENYING
MOTION WITHOUT
PREJUDICE
(Doc. No. 22)

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On December 3, 2012, following the closure of this case, Defendant filed a motion for
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attorney’s fees pursuant to the Anti-SLAPP statute. Plaintiffs had failed to oppose the Anti18
SLAPP motion, failed to object to the Findings and Recommendation that recommended
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granting the motion, and failed to file an amended complaint after Defendant’s motion was
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granted. However, on December 13, 2012, the Court construed a filing by Plaintiffs in a related
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case to be a Rule 59 or Rule 60 motion for relief in this case, and referred the matter to the
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Magistrate Judge.1 It is possible that relief may be granted, the judgment in this case vacated,

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and a new complaint be filed.
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Given the relief is possible, a hearing on Defendant’s motion for attorney’s fees before
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the Magistrate Judge issues a Findings and Recommendation would be premature. The Court
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will vacate the January 9, 2013, hearing date, and will deny the motion for attorney’s fees
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without prejudice to refiling once the Rule 59/Rule 60 issues have been resolved.
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The Court ordered an opposition by Plaintiffs filed in Case No. 1:12-cv-1762 to be filed in this case as a
“motion for relief.” The motion for relief is Document No. 24 in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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The January 9, 2013, hearing date is VACATED; and

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2.

Defendant’s motion for attorney’s fees (Doc. No. 22) is DENIED without prejudice to

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refiling once Plaintiffs’ motion for relief has been resolved.
IT IS SO ORDERED.

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Dated:
0m8i78

December 14, 2012
UNITED STATES DISTRICT JUDGE

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