Riker v. Alvernaz et al

Filing 123

ORDER signed by Judge Morrison C. England, Jr on 6/25/10 ORDERING that in light of the settlement reached, through the Ninth Circuit Mediation program, while the instant matter was on appeal, this Court's Order, filed 11/25/09, granting plainiff's motion for Award of Reasonable Statutory Attorneys' Fees, Litigation Expenses, 105 , is vacated. (Becknal, R)

TIMOTHY S. THIMESCH, ESQ. (No. 148213) GENE FARBER, ESQ. (No. 44215) ­ Of Counsel 158 Hilltop Crescent Walnut Creek, CA 94597 Direct: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorney for Plaintiff JEAN RIKER
A PROFESSIONAL CORPORATION

Jennifer E. Duggan, SBN 183833 Mary E. Edes, SBN 264584 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone] [e-mail] [e-mail]

DAN WILCOXEN, ESQ. (No. 54805) WILCOXEN CALLAHAN MONTGOMERY & DEACON 2114 K Street Sacramento, CA 95816 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendants DISTILLERY, RONALD ALVERNAZ, and JAMES DUNPHY, JR.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JEAN RIKER, Plaintiff, v. DISTILLER Y; RONALD ALVERNAZ; JAMES DUNPHY, JR.; JAMES DUNPHY, SR., and DOES 1 through 50, Inclusive, Defendants. /

Case No. 2:08-CV-00450-MCE-JFM ORDER GRANTING JOINT MOTION OF ALL PARTIES TO VACATE ORDER PURSUANT TO SETTLEMENT Date: Time: Ctrm.: Judge: [No Hearing Requested] Judge England

THIS MATTER having come before the Court upon the joint motion of the parties and the
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Court having considered the matters on file herein and deeming itself fully advised does hereby ORDER, ADJUDGE, AND DECREE: In light of the settlement reached, through the Ninth Circuit Mediation Program, while the instant matter was on appeal, this Court's Order, filed November 25, 2009, granting Plaintiff's Motion for Award of Reasonable Statutory Attorneys' Fees, Litigation Expenses, and Costs (Docket Number 105), is vacated. (See Federal Rules of Civ. Proc., Rule 60(b).)

IT IS SO ORDERED.

Dated: June 25, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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