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

Filing 549

STIPULATION AND ORDER SHORTENING TIME ON APPLICATION FOR RECONSIDERATION. Order signed by Magistrate Judge Sheila K. Oberto on 11/29/2023, 546 MOTION for RECONSIDERATION re 545 Order on Motion for Attorney Fees, : Motion Hearing set for 12/27/2023 is ADVANCED to 12/13/2023 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)

1

CALVIN E. DAVIS (SBN 101640)

2

AARON P. RUDIN (SBN 223004)

3

GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

4
5
6
7

[e-mail]

[e-mail]

Attorneys for Defendants
GUARDIAN PROTECTION PRODUCTS, INC. and
RPM WOOD FINISHES GROUP, INC.

8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11
12
13
14
15
16
17
18
19
20

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

CASE NO. 1:15-cv-00321 SKO
STIPULATION AND ORDER
SHORTENING TIME ON
APPLICATION FOR
RECONSIDERATION;
DECLARATION OF AARON P.
RUDIN IN SUPPORT
Judge: Hon. Sheila K. Oberto
Courtroom: 7 (Sixth Floor)

Pursuant to Local Rule 144(e), Plaintiff G.P.P., Inc. d/b/a Guardian Innovative

21

Solutions (“Plaintiff”) and Defendants Guardian Protection Products, Inc. and RPM Wood

22

Finishes Group (collectively “Defendants”) hereby submit the following stipulation to shorten

23

time on Defendants’ Application for Reconsideration of the Court’s Order Re Cross-Motions

24

for Attorney’s Fees.

25
26
27
28

WHEREAS, on September 12, 2023, Plaintiff and Defendants filed their respective
cross-motions for attorney’s fees, Docs. 532, 534;
WHEREAS, on November 15, 2023, the Court issued its Order Re Cross Motions for
Attorney’s Fees, Doc. 545;
STIPULATION AND ORDER

1
2

Reconsideration of Order Re Cross Motions for Attorney’s Fees (“Application for

3

Reconsideration”), Doc. 546;

4
5
6

Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

WHEREAS, on November 20, 2023, Defendants filed an Application for

WHEREAS, on November 21, 2023, the Court issued its Order continuing the hearing
on Defendants’ Application for Reconsideration to December 27, 2023, Doc. 547;
WHEREAS, under Federal Rule of Appellate Procedure, Rule 4, Defendants understand

7

that they have until December 15, 2023, to file a Notice of Appeal of the Order Re Cross

8

Motions for Attorney’s Fees which would divest this Court of jurisdiction to hear the

9

Application for Reconsideration;

10

WHEREAS, on November 21, 2023, counsel for Defendants asked counsel for Plaintiff

11

if Plaintiff would stipulate to shorten time on the hearing of its Application for Reconsideration

12

to on or before December 14, 2023;

13

WHEREAS, on November 22, 2023, counsel for Plaintiff indicated Plaintiff would not

14

oppose the hearing date on Defendants’ Application for Reconsideration to on or before

15

December 14, 2023, as long as it did not impact the time Plaintiff currently has to file an

16

opposition (which is currently December 4, 2023);

17

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

18

that the hearing date of Defendants’ Application for Reconsideration be shortened to a date on

19

or before December 14, 2023 and that Plaintiff’s opposition to the Application for

20

Reconsideration shall remain due no later than December 4, 2023.

21
22
23
24
25
26
27

IT IS SO STIPULATED.
Dated: November 29, 2023

GORDON REES SCULLY MANSUKHANI,
LLP
By:

/s/ Aaron P. Rudin
Calvin E. Davis
Aaron P. Rudin
Attorneys for Defendants GUARDIAN
PROTECTION PRODUCTS, INC. and
RPM WOOD FINISHES GROUP, INC.

28
STIPULATION AND ORDER

1
2

Dated: November 29, 2023

3

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

4

By:

5

/s/ Dylan Liddiard

Attorneys for Plaintiff
(as authorized on November 27, 2023)

6
7

ORDER

8

Pursuant to the parties’ stipulation (Doc 548), the hearing on Defendants’ Application for

9
10
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

11
12
13

Reconsideration (Doc. 546) shall be set for December 13, 2023, at 9:30 a.m. Any Opposition by
Plaintiff to Defendants’ Application for Reconsideration shall remain due on December 4, 2023.
Any Reply by Defendants to Plaintiff’s Opposition to the Application for Reconsideration shall
be due no later than December 8, 2023.

14

IT IS SO ORDERED.

15

Dated:

16

November 29, 2023

/s/ Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER

1
2

I, Aaron P. Rudin, declare as follows:

3

1.

I am an attorney at law licensed to practice before the United States District Court

4

for the Eastern District of California and am a Partner with the law firm of Gordon & Rees, LLP,

5

attorneys of record for defendant and counterclaimant Guardian Protection Products, Inc.

6

(“Guardian”) and defendant RPM Wood Finishes Group, Inc. (“RPM”), in the above-captioned

7

action. I am familiar with the facts and circumstances in the above-entitled matter as they relate

8

to this declaration, and if called upon, I could and would competently testify thereto.

9
10
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

DECLARATION OF AARON P. RUDIN

2.

On September 12, 2023, Plaintiff and Defendants filed their respective cross-

motions for attorney’s fees, Docs. 532, 534.
On November 15, 2023, the Court issued its Order Re Cross Motions for Attorney’s

11

3.

12

Fees, Doc. 545.

13

4.

14
15
16
17

On November 20, 2023, Defendants filed an Application for Reconsideration of

Order Re Cross Motions for Attorney’s Fees (“Application for Reconsideration”), Doc. 546;
5.

On November 21, 2023, the Court issued its Order continuing the hearing on

Defendants’ Application for Reconsideration to December 27, 2023, Doc. 547.
6.

Under Federal Rule of Appellate Procedure, Rule 4, it is my understanding that

18

Defendants have until December 15, 2023 to file a Notice of Appeal of the Order Re Cross Motions

19

for Attorney’s Fees which would divest this Court of jurisdiction to hear the Application for

20

Reconsideration.

21

7.

It is also my understanding that it is unsettled whether a Rule 60(b) motion extends

22

the time to appeal an Order on attorney’s fees. See Miller v. Marriott Int'l, Inc., 300 F.3d 1061,

23

1064, n. 2 (9th Cir. 2002); Jones v. UNUM Life Ins. Co. of Am., 223 F.3d 130, 137–138 (2d Cir.

24

2000) (“a motion under Civil Rule 60(b) filed within 10 days of the entry of judgment might not

25

extend the time for appeal if it seeks only attorneys' fees”.)

26

8.

Since the current hearing date on the Application for Reconsideration appears to be

27

after Defendants’ deadline to file a notice of appeal, on November 21, 2023, I asked counsel for

28

Plaintiff if Plaintiff would stipulate to shorten time on the hearing of Defendants’ Application for
-1STIPULATION AND ORDER

1
2

Reconsideration to on or before December 14, 2023.
9.

On November 22, 2023, counsel for Plaintiff indicated Plaintiff would not oppose

3

the hearing date on Defendants’ Application for Reconsideration to on or before December 14,

4

2023, as long as it did not impact the time Plaintiff currently has to file an opposition (which is

5

currently December 4, 2023).

6
7
8

true and correct and that this declaration was executed on November 27, 2023, in Los Angeles,

9

California.

10
11
Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

I declare under penalty of perjury under the laws of the United States that the foregoing is

/s/ Aaron P. Rudin
Aaron P. Rudin, Declarant

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1104957/83770821v.1

-2STIPULATION AND ORDER