G.P.P., Inc. v. Guardian Protection Products, Inc.

Filing 507

STIPULATION and ORDER REGARDING BILL OF COSTS AND FEE MOTIONS. Order signed by Magistrate Judge Sheila K. Oberto on 2/3/2022. (Kusamura, W)

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COLLEEN BAL (SBN 167637)
JOHN P. FLYNN (SBN 141094)
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
One Market Plaza
Spear Tower, Suite 3300
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]; [e-mail]

STUART A. WILLIAMS (pro hac vice)
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
375 Southpointe Boulevard
Canonsburg, Pennsylvania 15317
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

DYLAN J. LIDDIARD (SBN 203055)
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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)
G.P.P., INC. d/b/a GUARDIAN INNOVATIVE )
SOLUTIONS,
)
)
Plaintiff,
)
)
v.
)
)
GUARDIAN PROTECTION PRODUCTS, INC., )
and RPM WOOD FINISHES GROUP, INC.,
)
)
Defendants.
)
)

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 1:15-CV-00321-SKO

Case No. 1:15-cv-00321-SKO
STIPULATION AND ORDER
REGARDING BILL OF COSTS AND
FEE MOTIONS
(Doc. 505)
Courtroom: 7 (Sixth Floor)
Judge: Hon. Sheila K. Oberto

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WHEREAS, after the first trial in this case, the parties submitted bills of costs and crossmotions for attorneys’ fees, Dkts. 312, 313, 314, 320, 338, 339;
WHEREAS, on February 16, 2018, the Court stayed and held in abeyance the parties’ bills

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of costs and cross-motions for attorneys’ fees until resolution of GIS’s first appeal, finding in

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relevant part that:

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The outcome of GIS’s appeal could affect any part of the Amended

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Final Judgment, which would necessarily affect the Court’s

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determination of which party prevailed on which causes of action,

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and ultimately the amount of costs and fees to which the parties are

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entitled. To make such determinations now would not only be

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premature, but it would also waste judicial resources, particularly

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given the amounts requested and the volume of briefing in support

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of the parties’ respective requests. …

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As such, the Court finds that the parties’ bills of costs and motions

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for attorneys’ fees are best adjudicated following a resolution of

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GIS’s appeal, and therefore defers ruling on the Bills of Costs and

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the Motions until the appeal is resolved.

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Dkt 341 at 4-5;
WHEREAS, the Court entered judgment following the second trial in this matter on
December 13, 2021, Dkt. 499;
WHEREAS, the current deadline to file bills of costs and motions for attorneys’ fees is 28

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days after the Court’s ruling on GIS’s pending motion for a new trial and renewed motion for

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judgment as a matter of law, Dkt. 501;

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WHEREAS, depending on the outcome of GIS’s pending motion, one or both parties may
file notices of appeal;

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STIPULATION AND ORDER
CASE NO. 1:15-CV-00321-SKO

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WHEREAS, for substantially the same reasons provided by the Court in its February 16,

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2018 Order, the parties believe there is good cause to stay the current deadline to file bills of costs

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and motions for attorneys’ fees until after all issues concerning the merits of this action are fully

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resolved, including GIS’s pending motion and any resulting appeals by either party;

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THEREFORE, the parties hereby stipulate and respectfully request that the Court order as

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follows: (a) if a notice of appeal is filed by either party after resolution of GIS’s pending motion,

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the deadline to file bills of costs and motions for attorneys’ fees shall be stayed until (i) 28 days

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after the appeal is fully resolved and a mandate is issued by the Ninth Circuit, or (ii) if the Ninth

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Circuit remands for a new trial or other further proceedings in the trial court, until after such new

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trial or further proceedings have concluded; and (b) if neither party files a notice of appeal after

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resolution of GIS’s pending motion, the deadline to file bills of costs and motions for attorneys’

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fees shall be extended until 28 days after the deadline for filing a notice of appeal has passed.

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IT IS SO STIPULATED.

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Dated: February 2, 2022

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Respectfully submitted,

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

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Attorneys for Plaintiff

s/ Dylan Liddiard

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GORDON & REES LLP

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By:
s/ Aaron Rudin
(as authorized on February 2, 2022)

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Attorneys for Defendants

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STIPULATION AND ORDER
CASE NO. 1:15-CV-00321-SKO

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ORDER

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Based on the foregoing stipulation (Doc. 505), IT IS HEREBY ORDERED that, if a notice

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of appeal is filed by either party after resolution of GIS’s pending motion for a new trial and renewed

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motion for judgment as a matter of law (Doc. 502), the deadline to file bills of costs and motions for

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attorneys’ fees shall be stayed until (i) 28 days after the appeal is fully resolved and a mandate is

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issued by the Ninth Circuit, or (ii) if the Ninth Circuit remands for a new trial or other further

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proceedings in the trial court, until after such new trial or further proceedings have concluded. If

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neither party files a notice of appeal after resolution of GIS’s pending motion, the deadline to file

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bills of costs and motions for attorneys’ fees shall be extended until 28 days after the deadline for

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filing a notice of appeal has passed.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

February 3, 2022

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER
CASE NO. 1:15-CV-00321-SKO

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