Joshi, et al v. Starbucks Corporation

Filing 119

STIPULATION and ORDER 116 signed by Judge Frank C. Damrell, Jr on 4/14/2010 ORDERING that Plaintiffs shall be awarded $184,322.49 as reasonable attorneys' fees, related nontaxable expenses and costs, in addition to the $400,000.00 awarded Plaintiffs on January 12, 2010 in settlement this lawsuit. (Attachments: # 1 Exhibits A and B)(Krueger, M)

1 John Karl Buche (SBN 239477) 2 875 Prospect, Suite 305
La Jolla, California 92037 Email: [e-mail]

BUCHE & ASSOCIATES, P.C.

3 Telephone: [phone] Facsimile: 858.459.9120 5

6 Damian E. LaCroix (PHV) (SBN (TX) 24027433)
The LaCroix Law Firm 416 Westheimer 8 Houston, Texas 77002 Telephone: [phone] Facsimile: 713.623.8400 EMAIL: [e-mail]

7

10 11 12 13 14 15 16 17

Attorneys for Plaintiffs, RAKESH JOSHI and PRANIKA JOSHI

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No. 2:09-CV-00095-FCD-DAD STIPULATION AND [PROPOSED] ORDER AWARDING PLAINTIFFS REASONABLE ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES AND COSTS

RAKESH JOSHI and PRANIKA 18 JOSHI,
19 20 21

Plaintiffs, vs. Washington corporation, and DOES 1 through 10, inclusive, Defendant.

22 STARBUCKS CORPORATION, a 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER AWARDING PLAINTIFFS REASONABLE ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES AND COSTS
114764.1

1

Plaintiffs Rakesh Joshi and Pranika Joshi ("Plaintiffs") and defendant

2 Starbucks Corporation ("Starbucks"), through their respective counsel (collectively, 3 the "Parties"), submit the following stipulation: 4

WHEREAS on January 12, 2010, Plaintiffs filed a Notice of Acceptance of

5 Starbucks' Federal Rule of Civil Procedure 68 Offer of Judgment to pay Plaintiffs 6 Four Hundred Thousand and NO/100 Dollars ($400,000.00) in settlement of this 7 lawsuit; 8

WHEREAS the Offer of Judgment also included an offer to pay Plaintiffs for

9 reasonable attorneys' fees, and related nontaxable expenses and costs Plaintiffs 10 incurred through the date of the Offer of Judgment in connection with this lawsuit; 11

WHEREAS on January 12, 2010, pursuant to the Offer of Judgment, this Court

12 entered an interlocutory judgment in accordance with the Offer of Judgment and 13 Acceptance of the Offer of Judgment by Plaintiffs; 14

WHEREAS the Parties dispute the amount of reasonable attorneys' fees to be WHEREAS the Parties settled this dispute by reaching an agreement as to an

15 paid to Plaintiffs; 16 17 agreed-upon amount of reasonable attorneys' fees, related nontaxable expenses and 18 costs to be paid to Plaintiffs by virtue of their bringing this lawsuit; 19

WHEREAS, the Parties agree that Starbucks shall pay Plaintiffs, within three

20 business days of the date this Order is signed by this Court, One Hundred Eighty21 Four Thousand Three Hundred Twenty-Two and 49/100 Dollars ($184,322.49) in 22 satisfaction of the portion of the judgment comprised of reasonable attorneys' fees, 23 related nontaxable expenses and costs; 24

WHEREAS the Parties agree that Community 1st Bank has made a claim to

25 amounts paid by Starbucks to Plaintiffs in settlement of this lawsuit, except that 26 Community 1st Bank has expressly disclaimed that it is seeking any portion of the 27 judgment comprised of reasonable attorneys' fees, related nontaxable expenses and 28
STIPULATION AND [PROPOSED] ORDER AWARDING PLAINTIFFS REASONABLE ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES AND COSTS
114764.1

1 costs to be paid to Plaintiffs by virtue of their bringing this lawsuit pursuant to the 2 letter attached hereto as Exhibit A; 3

WHEREAS the Parties agree that within three business days of Starbucks'

4 payment to Plaintiffs of the portion of the judgment comprised of reasonable 5 attorneys' fees, related nontaxable expenses and costs to be paid to Plaintiffs by 6 virtue of their bringing this lawsuit, that portion of the judgment shall be satisfied, 7 and Plaintiff shall file the Partial Satisfaction of Judgment ­ Attorneys' Fees and 8 Costs attached hereto as Exhibit B; and 9

WHEREAS the Parties agree that this Stipulation shall not in any way limit the

10 res judicata effect of the judgment in this lawsuit or Starbucks' obligation to pay the 11 portion of the judgment comprised of Four Hundred Thousand and NO/100 Dollars 12 ($400,000.00), 13 / / / 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28
STIPULATION AND [PROPOSED] ORDER AWARDING PLAINTIFFS REASONABLE ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES AND COSTS
114764.1

1

IT IS HEREBY STIPULATED by and between the Parties, by and through

2 their respective attorneys of record, as follows: Plaintiffs shall be awarded One 3 Hundred Eighty-Four Thousand Three Hundred Twenty-Two and 49/100 Dollars 4 ($184,322.49) as reasonable attorneys' fees, related nontaxable expenses and costs. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED. 20 Dated: _____________ 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER AWARDING PLAINTIFFS REASONABLE ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES AND COSTS
114764.1

_, Dated: April 13 2010

THE LACROIX LAW FIRM, P.C. s/Damian E. LaCroix Damian E. LaCroix Attorneys for Plaintiffs Rakesh Joshi and Pranika Joshi

Dated: April 13, 2010

WILLENKEN WILSON LOH & LIEB, LLP s/Eileen M. Ahern Eileen M. Ahern Attorneys for Defendant Starbucks Corporation [PROPOSED] ORDER

___________________________________ The Honorable Frank C. Damrell United States Judge

EXHIBIT A

EXHIBIT A

EXHIBIT B
1 John Karl Buche (SBN 239477)

BUCHE & ASSOCIATES, P.C. 875 Prospect, Suite 305 3 La Jolla, California 92037 Telephone: [phone] Facsimile: 858.459.9120 5 Email: [e-mail]
2 6 7 Damian E. LaCroix (PHV) (SBN (TX) 24027433) 8 The LaCroix Law Firm

416 Westheimer 9 Houston, Texas 77002 10 Telephone: [phone] Facsimile: 713.623.8400 11 EMAIL: [e-mail]
12

Attorneys for Plaintiffs, 13 RAKESH JOSHI and PRANIKA JOSHI
14 15 16 17 18

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No. 2:09-CV-00095-FCD-DAD
PARTIAL SATISFACTION OF JUDGMENT ­ ATTORNEYS' FEES AND COSTS

RAKESH JOSHI and PRANIKA 19 JOSHI,
20 21 22

Plaintiffs, vs.

23 STARBUCKS CORPORATION, a 24 Washington corporation, and DOES 1 25 26 27 28
PARTIAL SATISFACTION OF JUDGMENT ­ ATTORNEYS' FEES AND COSTS JOSHI V. STARBUCKS, CASE NO. 2:09-CV-00095-FCD-DAD
114636.1

through 10, inclusive,

Defendant.

EXHIBIT B
1 2 3

PARTIAL SATISFACTION OF JUDGMENT WHEREAS, on January 12, 2010, this Court entered a judgment in the above

4 action in favor of plaintiffs Rakesh Joshi and Pranika Joshi ("Plaintiffs") and against 5 defendant Starbucks Corporation ("Starbucks") in accordance with the terms of 6 Starbucks' Federal Rule of Civil Procedure 68 Offer of Judgment and Plaintiffs' 7 Notice of Acceptance of Starbucks' Federal Rule of Civil Procedure 68 Offer of 8 Judgment, pursuant to which Starbucks is to pay Plaintiffs Four Hundred Thousand 9 and NO/100 Dollars ($400,000.00) in settlement of this lawsuit, and reasonable 10 attorneys' fees, and related nontaxable expenses and costs Plaintiffs incurred through 11 the date of the Offer of Judgment in connection with this lawsuit; 12

WHEREAS, the Parties agreed that Starbucks would pay Plaintiffs One

13 Hundred Eighty-Four Thousand Three Hundred Twenty-Two and 49/100 Dollars 14 ($184,322.49) in satisfaction of the portion of the judgment comprised of reasonable 15 attorneys' fees, related nontaxable expenses and costs to be paid to Plaintiffs by 16 virtue of their bringing this lawsuit; and 17

WHEREAS the portion of the judgment comprised of reasonable attorneys'

18 fees, related nontaxable expenses and costs to be paid to Plaintiffs by virtue of their 19 bringing this lawsuit has been fully paid, 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28
114636.1

PARTIAL SATISFACTION OF JUDGMENT ­ ATTORNEYS' FEES AND COSTS JOSHI V. STARBUCKS, CASE NO. 2:09-CV-00095-FCD-DAD

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EXHIBIT B
1

THEREFORE, full and complete satisfaction of only the portion of the

2 judgment comprised of reasonable attorneys' fees, related nontaxable expenses and 3 costs to be paid to Plaintiffs by virtue of their bringing this lawsuit is hereby 4 acknowledged. It is hereby further acknowledged that the portion of the judgment 5 comprised of Four Hundred Thousand and NO/100 Dollars ($400,000.00) is unpaid. 6 The Clerk of the Court is hereby authorized and directed to make an entry of the full 7 and complete satisfaction on the docket only as to the portion of the judgment 8 comprised of reasonable attorneys' fees, related nontaxable expenses and costs and 9 the remaining portion of the judgment comprised of Four Hundred Thousand and 10 NO/100 Dollars ($400,000.00) shall remain on the docket as unpaid. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED: April __, 2010

THE LACROIX LAW FIRM, P.C.

Damian E. LaCroix Attorneys for Plaintiffs Rakesh Joshi and Pranika Joshi

PARTIAL SATISFACTION OF JUDGMENT ­ ATTORNEYS' FEES AND COSTS JOSHI V. STARBUCKS, CASE NO. 2:09-CV-00095-FCD-DAD

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