Martinez v. CPG Finance II, LLC et al

Filing 114

ORDER signed by Judge Garland E. Burrell, Jr on 8/29/11: HEARING as to #109 MOTION for ATTORNEY FEES continued to 10/11/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Tony Martinez,
Plaintiff,

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v.

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Columbia Sportswear USA Corp.
dba Columbia Sportswear Company
#446; Eddie Bauer, a Delaware
LLC dba Eddie Bauer Outlet
#R-867; New Balance Athletic
Shoe, Inc. dba New Balance
#0015,

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Defendants.
________________________________

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2:10-cv-01333-GEB-KJN
ORDER GRANTING PLANITIFF’S
APPLICATION FOR CONTINUANCE

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On August 26, 2011, Plaintiff filed an “Application and

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Proposed Order to Continue the Briefing Schedule and Hearing Date for

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Defendant New Balance’s Motion for Attorney Fees[.]” (ECF No. 111.)

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Plaintiff requests that the hearing on Defendant New Balance’s motion

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for attorneys’ fees, currently scheduled to commence at 9:00 a.m. on

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September 12, 2011, “be continued three weeks . . . so that [Plaintiff’s

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attorney] has adequate time to prepare plaintiff’s opposition.” Id. 3:2-

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4.

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Defendant filed a response opposing Plaintiff’s application.

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(ECF No. 112.) Defendant argues that “if plaintiff’s . . . request is

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granted, this Court [w]ould hear argument on [the] motion for attorney’s

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fees after plaintiff files its opening brief in the Ninth Circuit[,]”

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and “[t]his is problematic because . . .

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issues on appeal after the record is complete at the district court

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level, including a final judgment on attorneys’ fees and costs.” Id.

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1:13-17.

the parties should brief any

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However, Plaintiff’s appeal in the Ninth Circuit does not

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concern the pending motion. See Plaintiff’s Notice of Appeal, ECF No.

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103. Therefore, this matter does not need to be heard before Plaintiff’s

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brief

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application

is

due

to

for

be
a

filed

in

continuance

the
is

Ninth
GRANTED;

Circuit

and

Defendant’s

Plaintiff’s
motion

for

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attorneys’ fees is continued to October 11, 2011, commencing at 9:00

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a.m.

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Dated:

August 29, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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